First of all, who is the counselor that says you should have custody? If not court appointed, what they have to say means nothing. A GAL will be appointed to make a recommendation....and whoever is the better actor often gets custody. You have 50/50 now. In my state, 50/50 is never awarded, but given when both parties agree. In other words, 50/50 from a trial is not a possible outcome. Either you or or him will get custody. Divorce and second hand smoke will carry no weight. If the brother is "eyes on" by your ex or another person, that will also carry little or no weight. You could need deep pockets if your ex fights the custody, and you've got to hire the best, and take it to the end, or you lose.....just a forewarning of what might be to come. Good luck.
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