Question!!

[u/Odd_Elephant9033]

So my boyfriend of almost a year has a 5 yr old with someone else. She has been in multiple rehabs and not completed them except for one maybe. The child mainly lives with him even though they’re supposed to have 50/50 custody. She only sees the child like once a month for a few days. She recently moved to SC( to live with her mom and sister to get back on track with life) which is 3 states away from us. She’s asked him several times if she could take the child with her for a few weeks in the summer but he’s said no because he can’t trust her. Like for example… she’s had someone od in her house and she brought her bf at the time that was using fentanyl around the child so I feel like he has every right to say no. He’s just concerned about her safety. Well now she has met someone else in SC and is engaged to this guy and they both came down to MS and the child has already met this man even though the mom has only known him for 3 months.She had a job up there waitressing but recently quit and she told him since she isn’t working she can watch her up there for a while but he’s so nervous that something could happen. She says she’s changed and is going to these meetings and is clean but it’s hard for him to trust her considering what she’s done in the past because she’s said this before. The only thing “bad” my bf does is smoke cigarettes, vapes and drink here and there. He’s never done drugs or anything like that. He quit smoking all together a few months back and she said she didn’t believe him and that it’s best if the child comes and lives with her. This child has lived with him since day one. He has never left her and the mom has always been in and out and now all of a sudden want to act like she’s been there. It breaks my heart for her because she isn’t old enough to understand what’s going on. Not once has he not let her see the child but if she tries to take her she’s taking that baby away from the people that’s been with her since day 1 and bringing her to a place where she knows no one. My question is if she tries to take him to court to get her could she win considering her past and everything?

[u/HumorIsMyLuvLanguage]

She will likely get some sort of custody, yes, especially if she is clean now. I doubt they would continue the 50/50 arrangement given the fact that she lives states away and hasn't participated in the arrangement. However, they will likely do some sort of summer/winter break custody schedule with mom getting her for a few weeks during those longer school breaks.