Hi, supplying, and welcome to WebAnswers.

While you may consider the environment in which your children live unhealthy, a court would look for specific conditions or events of endangerment or neglect before considering removing the children from their mother.

Having so stated, the likely criteria a judge would use, the "best interest of the child" doctrine, could come into play IF, in your petition seeking a change of custody, your plan can present a clear improvement in the children's overall welfare. At the same time, other factors would come into play, such as the age of the children, their existing social and school situation (perhaps, mitigated if you live in the same school district), and how care would be provided when you are away at work, assuming you do not work at home.

You might want to discuss the situation with a COMPETENT, experienced family law attorney BEFORE proceeding.

Thank you for your question.

You can always sue for a modification of the custody order and try to obtain full custody, but typically the court is going to look at what's in the best interest of the child. It doesn't sound like the mother's home is stable in the sense of there being a revolving door of boyfriends, but unless they present a danger to the kids that may not be enough to alter the arrangement currently in place.

Depending on the age of your kids, they may be able to state a preference in terms of you becoming the sole custodian, but I don't know how you broach that conversation with them without opening up a can of worms with your ex. (Of course, it's a different story if the kids bring it up the idea of staying with you full-time.) I would suggest that you consult with legal counsel to get a firm handle on what your options are. Good luck!