Child custody laws vary from state to state, but generally speaking it is only a court that can grant a change in custody or approve a change in a parenting plan. It might be difficult to get a change in custody with a criminal record. It might not seem fair but the law is not always fair, unfortunately.
Having said that, a criminal record is not the only factor a judge will consider in child custody matters. The best interests of the child will always be paramount.
You would be best served consulting with a lawyer familiar with child custody issues in your jurisdiction. Most likely, an attorney will tell you that your options are 1) trying to get a change in custody approved by the court or 2) making an agreement with the mother and getting that agreement approved by the court.
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