Can the Dad get custody of his kids 3 years after divorce?

[IAMOKAY]

Missouri here. The custodial parent is the mother. The non-custodial father wants custody of his kids or at least joint custody now. Is it too far into the divorce for that to happen? The problem is the father knows that the mother is subjecting his kids to a sick environment in her home and he wants to protect them from that type of treatment. The kids are 7 years old and say they want to live with their father because they hate the way their mother lives. The mother "makes" the little girl sleep with her everynight and the mother lays around the house naked with other women and the kids see all of this. They go to their father's house and complain about how their mother has girlfriends in and out of the house all the time. They live in government housing and it is very dangerous on that side of town too. The father could provide them with a stable home life. He knows that there is nothing that can be done about the sexual orientation of the mother, but what about subjecting the children to naked women roaming around the house with their mother all the time. The father is remarried and he doesn't even allow his new step kids or his own kids see his wife or him naked or anywhere close to it. Again the kids are constantly begging their father to come and live with him. Can this father gain custody at this point? Any suggestions as to how he can go about trying to get custody and on what grounds? Are the kids old enough to make their own decision where they want to live? Thanks.

 

[tcpmp]

I was pretty much in the same situation. My child lived with his mother for the first 2 1/2 years of his life and now I have custody, he is now 5. It will be very difficult to gain sole custody unless there is prooof of severe neglect on her part. Joint custody with supervised visitation might be easier to obtain but is still difficult. The court will look to see who can provide the best living enivornment. Some of the items that weighed in my favor was my childs mothers lack of stable income, unsuitable housing and constant moving from home to home. I document everything which makes it extremely easier to fight. I showed the court the differences in the crime rates, geographical race and income levels as well as school ratings. Every little bit can help.

 

[stealth2]

Dad can file for a change in custody. Doesn't mean he'll get it. He will have to prove that there has been a change in circumstance and that they will be better off living with him. What proof does he have of the goings on at Mom's?

And no - 7 yo's don't get to choose where they want to live.