Quote Quoting LawResearcherMissy
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He can certainly file for custody, if he desires. But filing is not the same as being granted custody, and just because he's re-married and living in a house does not mean a change in custody is in the best interests of the child.

Custody always turns on the best interests of the child, not on which parent is more wealthy.

This is not true. Dad would probably have a hard time finding an attorney to take a custody modification case in this situation. Could he ask the courts for more parenting time and get it -- maybe, if it is in her best interests. But for a legal change in custody dad would probably have to prove mom is unfit or the child was in a situation where she is endangered. If the court gave mom physical/legal custody fairly recently and mom's situation hasn't changed, there is probably not a reason to change custody. Once custody is initially determined it is very very difficult to change. Just because one parent's situation changed (which happens all the time) doesn't mean they get custody.