theanswerguy - thanks, and that is what our attorney said and the statutes in my state. There have been several "significant changes in circumstances" in our case.

When custody was originally set, Bio-mom was married to a service man and in the papers, were allowed to move state to state. That is no longer the case as they are divorced.

She and her kids have moved from in state to out of state to in state and many many places since then.

My stepson has had significant breathing problems and many doctor's visits including ER (in a doctor's opinion) because of Bio-mom smoking around him since he was born and still does. That we can prove with medical records.

She already admitted to my husband she will not be enrolling their son in pre-k (he is four this year) and her excuse was " because I'm having my baby and I will not be going to school (college) this semester and want him with me all day" and "we are moving before this semester anyway". My husband address this in the court papers, that we have a stable home and can provide for his son.

The fact that bio-mom has be reluctant to give my husband visitation over the past 3 years at various times.

Wouldn't some of those qualify him for more visitation if not a change in custody? I have documentation for the past 3 years for all of this. Will a judge consider our documentation? Thanks!