in all actuality there is no reason why he should not have the bare minimum of joint legal custody.
if you are refering to his obtaining physical custody of the child, there are alot of things that are looked upon when determining the best interest of the child.
first off, there has to be a "significant change in circumstances" to even warrant going back for a custody modification.
at a custody modification hearing, they usually use the 12 pt test to determine the child's best interest. it is basically like a score sheet (sad, but true). there are 12 areas that are looked out. they detail good and bad for both parents. whichever out weighs the other gets that point. the one with the most points wins.
this sounds kind of crude, but to the point. it isn't necessarily saying the parent that loses is a bad parent, just that the parent that won was a better parent.
here's the list:
(a) The love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and continuation of the educating and raising of the child in its religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this State in place of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
<b>(e) The permanence as a family unit, of the existing or proposed custodial home or homes. </b>
<b> this is the one that i think you are referring to. </b>
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.
(k) Domestic violence, regardless of whether the violence was directed against, or witnessed by the child.
(l) Any other factor considered by the court to be relevant to a particular child custody dispute.
