Thank you for the clarification.
1) Without any court orders in place the father has the same rights to custody and access to the child as the mother, however if the EPO has not been removed, he won't be able to come near the child.
2) As the divorce is in process his lawyer should now move to set up visitation. Since the petition for divorce has just been answered, the judge has not yet had the opportunity to set up mediation
or address the issues of custody. Although both parties agreed to a written visitation agreement, that agreement does not carry much weight because it has not been court ordered, however the wife's failure to follow through on the agreement can be used against her to request custody for himself as the court greatly disfavors when a parent attempts to alienate the other parent (without cause) from seeing his child.
3) The court presumes that joint custody
is the best arrangement unless one parent is unfit to parent or meet the child's daily parenting needs, so your son should not agree to her getting full custody and request mediation to work out a joint parenting arrangement or in the alternative to ask for full custody himself based on their attempts to alienate the child from him.
4) First check on the status of the divorce with his lawyer, you will need to setup an appointment if you want to talk to the lawyer. If there is no hearing pending and you are unhappy with the lawyer you can find another lawyer to replace the current one. The attorney is only required to be paid for services rendered and should return the balance of any retainer you gave.
Since there is a lawyer on your case, the lawyer needs to handle this he won't be able to file for visitation on his own while being represented.
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