Legal Question in Criminal Law in North Carolina

First, you apparently have an attorney - you ought to be asking your attorney these questions. Second, remember you asked the questions on a public forum, in doing so it ought to be understood you may get answers you don't like or agree with. So if you don't like my answer just let it go at that - this is just a response to what you provided and is in no way a personal attack on you.

So here we go,I can't even begin to count the number of times I have heard women use the exact same description for their ex you used, a 'drunken, bi-polar mess who refuses treatment and that you are so afraid to leave your child with'. I usually roll my eyes and I'm rolling them now. Here's why - by your own admission no harm has come to the child while in the care of your ex (at least nothing you deemed worthy of mentioning here), CPS has investigated and found nothing (do you really believe he 'fooled' CPS? Really? You don't 'clean up' for CPS - if something was wrong they would likely have found it) and your own lawyer is telling you it likely ain't gonna happen. These facts tell me your perception of the situation is likely not accurate at best and outright false at worst. If your ex were the way you are trying to paint him here no good mother in their right mind would leave their child with him , you would simply refuse, no matter what the Court or anyone else said. Judges know this too so it's a bad idea to say in Court "I fear for my son every time I have to leave him with his father" they know it's a load of BS because if you were really fearful - you simply wouldn't leave him. Better to simply say you worry or you are concerned - see the difference? A Judge would likely find that reasonable and likely sympathize with you whereas "I fear for my son" kinda makes you look like either a liar or a bad mother for leaving him in a situation you knew was dangerous. These subtle ways of describing things often make the difference if you have to go to Court. That said, if you want custody - you basically need proof that the things you are saying are true and as serious as you say they are. Simple as that.

To answer your questions: He likely won't get any significant sentence if he has a good enough attorney and even if he got pinched with the max, a misdemeanor pot conviction while not looking good for him, is likely not enough to base a petition for sole custody on - you would likely need more but every case is different. Your attorney is likely in a better position to advise you of your chances of success. Best of luck!