Hi everyone.
I have joint legal custody currently of a minor 5 yr old child, but am not the primary conservator that has the right to determine primary physical residence, thus I am the parent with visitation. I believe it is now in my child's best interest to live primarily with me now, but before I pursue a custody modification- I need to know truly what is a substantial, material change in circumstances? Since the original decree (in which I voluntarily agreed that my ex should be primary) many things have changed. Formerly, I clearly had inferior means of providing for my child- I knew that me being the primary was not what was in my child's best interest so voluntarily allowed my ex to be the primary. In the meantime I achieved the education in healthcare I needed to make a life for me and my child, have remarried to a wonderfully supportive man, had another child, have a house, and sincerely believe that my household will provide a better quality of life and more stability.
Because of my ex's job he will be forced to move every few years although he was not prohibited from moving in the decree. Also, my child has been diagnosed with ADHD and the ex has made no attempts to make changes to the child's living environment or even comply with the medication prescribed for the ADHD- no follow through. While living in my ex's household, my child was at one time subjected to regularly staying overnight at a member of the opposite sex's house (how in any way whatsoever is this positive) and living in a dirty, disorganized house. My ex has made no effort to involve our child in any extracurricular activities or anything outside of going to daycare and coming home watching television until bedtime.
I have tried everything to improve my status in life since the divorce for the sake of my child. My child has no social supports (no family members) in the vicinity of where he lives currently. My household would provide him with additional caregivers, religious upbringing, enrollment in the same school system continuously,extracurricular activities, proper counseling for the ADHD, and advantages over the ex's household to provide my child with all the opportunities possible to thrive. My mother-in- law is even a guidance counselor to augment my mental health degree- I would think these facts would be very positive in a child with documented behavioral issues.
I just need to know if pursuing a change in the child's primary physical residence has a chance of working in this case. What hard and fast evidence can I really show, to prove that my household will be an improvement in his living conditions? The only positive in my ex's favor is the status quo-of having been the one to provide care with the child having his needs met. Most reasonable people could see that my household's living environment would be ideal to allow the child to have all of life's advantages and reach his mental and emotional potential in a stable, continuous environment. Does anyone have any advice on how to prove a material and substantial change in circumstances would indeed improve my child's quality of life and be in his best interests? For example, affidavit from churchmembers, family members, and friends, research on the school child would attend, meeting with mental health providers in this area that would treat the ADHD? I felt like I had nothing to offer my child except lots of love at the time of the original decree and now I have created an ideal environment. Any ideas or any input as to the wisdom of my pursuing this custody modification? Do I even have the makings of a case that has a good chance? I have no idea if the court would consider all of these factors as substantial-any ideas??? Thanks in advance for any input that you may have. The state is Texas of the original decree, but have no idea where he will be moving to very soon.

