Yes, there is proof. And I'm glad you worded your response the way you did. Because this is exactly what I do not have enough knowledge to understand (and I assume, neither does he, which is why he has not done anything). These things are really hard to take action on if you feel totally uncapable and without proper knowledge. Here is my question:

"He's been free at ANY point to follow up with an enforceable visitation plan"

What does that mean?? What exactly is an "enforceable visitation plan" and how does one "follow up with" it? The plan of action he should pursue may be "crystal clear" to someone who knows more about all this stuff, but I don't even understand the terms your using. That's why I'm reaching out for help and clarifications.

In terms of mom, my question is, if he files for custody and she runs and never responds, what happens then? I think her being "unfit" can be proven by his recording their phone conversations and that being submitted as evidence. She has no employment, is *homeless*, has a history of domestic violence charges, and has been married at least 3 times in 2 years, has a case file with Child Protective Services. Isn't that "unfit"? He has a full time job, a place to live, and upon talking to a judge or to a third party, comes off as more mentally stable. Isn't that "fit"?

So yeah... what does it mean to "follow up with an enforceable visitation plan"?