If he wasn't granted emergency custody, it's not likely that he'd be granted sole custody of the child. In order for a person to even have standing to file for a modification of custody, there has to be a material change in the arrangements - this is a change in the home environment, remarriage, a move, a loss of employment, a criminal conviction, drug or alcohol addictions, etc.
If none of these are present, the request for custody shouldn't go anywhere.
Because he has taken this hard line, you would be justified in requesting sole custody for yourself.
The child's preference is not outcome-determinative. The judge will consider the child's preference, but the judge must do what is in the child's best interest.
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