child custody with non USv citizen

I am filing for divorce at the end of this month. My STBX has decided to sue me for full custody of my son. Our case was continued because the judge discovered he only had a work visa and no green card. In addition he is living with his mistress. To free myself, go back to work, and finish school, I moved out of state with my son to get family support with childcare etc. as he made life too burdensome for me to live on my own. Can he get full custody or visitation of my son under these conditions?

[tbyte]

If you were in-state, you would almost be guaranteed custody.
The fact that you moved the children out of state and away from their father is not going to help you in court.
The fact that he is living with his mistress is irrelevant, unless she represents a danger to the children.
The fact that he has visa issues, however, may mitigate your moving the children.

Thanks for your wisdom. However, Ivhad to move for work, school, and family support. I didn't move out of pettiness. Now since he admits to living with his mistress, how can a judge award custody with no knowledge of anything about this woman? I'm told the judge will not allow overnights in his mistress' apt because that is not his apartment. What can I do to make the judge see that his immigration fraud has made him a risk with my son?

[tbyte]

I don't know that the court will put any restrictions on who the child associates with when the child is in his care. Courts award custody to women who cheat on their husbands and live with their boyfriends all the time.
It may aggravate you, but there may not be much you can do about it either.
I don't know anything about immigration law.