Courts look at well being of the child before making a decision to take a child away. After 3 years of living with me rarely if ever seeing his mother he doesn't know anyone to be mom, and he only knows me to be dad. A judge might look at it as better for the child to leave him in the custody of the person he has known as dad for 3 years. Though you're right they could take him, and the fear that I'll lose him to the man she claims to be his possible father or to her, both individuals with their own reasons why they should not be around children, I just want to be as careful as possible. The mother is a heroine addict and has many other issues, and I've seen the other "possible" father physically abuse both her and his current sons mother, as well as put his son at risk. I just want to protect my son as best possible.