L.H.
Hi L.,
From my personal experience the only way you will be able to get custody if you can prove she is unfit. I do believe him wanting to stay with his dad is important but I don't think that's the sole reason for the mom to lose custody. My husband and I was told in 2002 by our lawyer if we can't prove the mom is unfit we would be wasting our money. Plus my husband daughter didn't want to stay with us because she didn't want to leave her younger siblings she had been taking care of full time. She knew her mom wouldn't take care of them. I hope everything works out for your family.