You post makes absolutely no sense whatsoever. If he is not the father how does he have custody and why didn't paternity get raised during the custody transfer? I would consult a lawyer.
This answer is provided for general purposes only. If you need legal assistance you should consult with an attorney. Responding to questions DOES NOT create an attorney-client relationship.
Without a change of circumstances of your ex or the child a court will not change custody. You may have more luck with expanding visitation especially if you haven't been getting the hours provided in the decree. It's a little late to raise paternity; it has been done but the court may not want to disestablishment him at this point, especially if he has been providing most if the care.
For informational purposes only; not intended to, and does not, constitute legal advice or a legal opinion.
The only way to straighten out this situation is to consult with a good family law attorney in your area. Obviously this was not done the first time around - and you see the results. This will not get fixed by itself. Contact an attorney and get this cleaned up.
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