If this was a legal battle, he wins because the terms were broken
however, I feel really bad for the child. Because of it, mommy and daddy can no longer be together.
The child don't even have a say into it.
Both parties do not deserve to be with one another. In life, we made a commitment to do such and such but in life, it also isn't so much perfect as plan and with that, both parties need to stick together and make decisions together.
Just like when your azn daugther brings home a kaydoo and you hate kaydoo but eventually, you will have to become an inlaw to this kaydoo person. Gotta learn to love him as an inlaw son somehow.
Quit being ignorant. Now you have a child, learn to love a little. Break terms, break ways and learn how to change for once. It isn't all that bad. Some people can't even have children.