I'm looking to gain custody of my son in NY My ex has had custody for 6 yrs. Recently my son has had alot of problems in school(learning) he's in 3rd grade with 1st & 2nd grade reading and math abilities. My ex has him spend most of his time in his room watching TV. No bedtime rules, he sleeps with the TV on, when he feels like falling asleep. At our house he sleeps with his head covered with stuffed animals, because he's not used to a bedtime with lights out.(except a nightlight) He usually has dark circles under his eyes on visitation(which is only every other weekend) She likes to know ahead of time when vacastion time is, so she can take hers at the same time. this way he doesn't "get in the way" during her vacation time. (this statement has many times been said in front of my son) My son tells me he's glad when it's time to go to Dad's because at least there's food. When it's time to go there's always tears shed. My ex has decided to enroll him in soccer and baseball, both which occur on my weekends. This has me driving 1 hr. each way 3 times during the 2 days he has with me. This wouldn't be so bad if my son actually wanted to go. He'd rather spend time doing things at my house or with his family here. My new wife and I have 4 children here. My question is: how are the chances for a father to gain custody in NY? The list of wrongdoings and lies in the courtroom can go on, but I feel hiseducational needs are most important and can be better met living with me. At present there's not much help I can give 4 days a month.