My question involves a child custody case from the State of: VA

Hello,'s been a while since I posted here. As per usual, please refer to my previous threads for some background into my situation, as I would prefer to keep this post short and straight to the point.

My child's mother (the CP) has recently informed me of the following:

1. My child has failed every single one of her classes this quarter (including getting a D in PE).*

2. Her most recent ex--a drug addict and the father of her two youngest children--recently broke into her home and stole from her. (I don't know how she is sure it's him, but apparently he has already been arrested for it and is currently out on bail)

Are these enough grounds for me to pursue physical custody, even though I am still serving my overseas tour (due to return to the US in a year)? If court-ordered physical custody is not possible--and CP has already said she will never allow my daughter to live with me after I asked her to consider--what else can I do? The latter has me especially troubled; I feel this man is a danger to my daughter! Please advise.

Thank you...

* Apparently she has not suffered any consequences from this, because any attempt at discipline by the mother is quickly overruled by her great-grandmother. Since the CP relies heavily on great-grandmother's support (financial or otherwise), she allows this. Our daughter also comes and goes as she pleases, with or without her mother's permission, at age 13. (CP's words)