In a contested child custody action the court must determine what custody arrangements are in the best interests of the child. In your question you have done a good job of trashing the father. What will he say about you? And where will that leave the judge? Better to come in with a plan that will provide appropriate and safe contact for your child. Unless you change your perspective, you'll be totally blind-sided when he shows he has matured and sincerely wants to carry his fair share of the parenting load.
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This answer is offered as a public service for general information only and may not be relied upon as legal advice.
A court will look at the best interests of the child when determining whether or not to grant the father's petition to change the custodial arrangement.
The Court should consider (1) the wishes of the child's parent or parents as to his or her custody; (2) The wishes of the child as to his or her custodian; (3) The interaction and interrelationship of the child with his or her parent or parents, and his or her siblings; (4) The child's adjustment to his or her home, school, and community; (5) The character and circumstances of all individuals involved (this is where the criminal convictions and issues with the law come into play); (6) The need to promote continuity and stability in the life of the child; and (7) Domestic violence as defined in section 39-6303, Idaho Code, whether or not in the presence of the child when the Court makes the decision about changing a custody arrangement. The court may also consider any other relevant evidence as to the best interests of the child. If the father is able to provide evidence to support these factors, he would have a legitimate chance of changing custody.
If there is a custody order in place, the father also has to prove a substantial and material change in circumstance to modify the current custody arrangement.
Also, some judges will not allow a person who is in arrears in child support (i.e. not paying child support) to petition to change a custody arrangement without first correcting any issues with the child support.
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