I left my husband and took all three of our kids with me, yes I left the state with the kids, but after we got to Florida one of my younger boys want to go back so I sent him back, two weeks later the baby (8) wanted to go back, so I sent him back but my oldest son (12) soon to be 13 wants to live with me, I got court papers and they say I have to return him to his father, I wanted to know if he has to go back, and will the judge look at my husbands background he has been to jail for DWI's all the way to having drugs on him, and even one of his DWI is with a minor under the age of 18 which was my oldest son he was (8) at the time. I have know record but my husbands is a mile long, will they look at that, also he has not worked in over a year.

First they will look at the fathers behavior, It may force you to move back to his state if you currently live out of state. Since leaving the state violated some of his rights.

They may listen to the12 year old, but they will listen to other evidence as to what may be best for child.

The DWI may have some bearing but again he can show perhaps he entered a AA program.

I would say at this point the husband has the better case with what little info you have provided

Are you paying child support at this time ?