Currently I have custody of my daughter. It is not legal (but is in writing and signed by my soon to be ex). Her dad takes her for visits 3 x a week for a few hours. We are filing for divorce soon and I want to maintain physical custody.

Factors being:

1. I have always been her primary caregiver, even before we separated. Naps, bedtime, doctors appointments, making her food, only one that has the sitters phone number (he never wanted it because I was the one taking her every day), etc...

2. He left us for another married woman. I am uneasy and don’t want my daughter around this woman ( I will be seeking a no paramour order)

3. I am a teacher, I get all holidays, snow days, and vacation time off (and have been the only one of us that stays home with her when she’s sick) with very regular hours. He is a cop and does have regular hours, but is also on call for SWAT at any given time or for his specific department within the police department due to his specialty. While yes, he could just call me and I will get her... if it’s during the night and he has to go? I know I’d get her if I get the call, but what if I don’t hear my phone? That happens fairly regularly where we live. I even have a text from his mom telling me to seek sole custody for these reasons.

4. Our daughter would not have her own room at his place (she’s almost 2). He has a crib in his bedroom and that is a bit unsettling to me (really the thought of what would be going on in that room with his girlfriend, even if I were to get a no paramour order- he has said this about the no paramour before “if I violate a court order I can lose my job!” To which I replied “it’s pretty simple to not violate a court order”. I have concerns that even with the order in place, she’s done be over there in the same room as our daughter). Just to clarify as well, she has her own room at my place and no... I am not and will not be bringing anyone around her whenever I do start dating again. It would have to be a serious and monogamous relationship way before that would happen.

So my question is:

How likely do you think it would be for me to maintain/get legal physical custody considering all of this?