Okay, I see. And thank you for your service.If you want primary custody, you have to put in for modification with a MOTION FOR MODIFICATION OF CUSTODY ORDERS. The Court decides on custody based on the rule of thumb of "best interest of the child
." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.
You'd have to prove to the Judge based on those elements that the children would be better off with you. Is a crowded home alone enough? Probably not. But I'm sure if you knit pick, you can find enough to make a case.
The child's preference is taken into consideration but is NOT the deciding factor. Judges know that often, children will want to live with the adult that allows them the most freedom but is not necessarily the best custodian, so while the children's preference is noted, it does not define the judgment for custody - so do not focus on their want as being enough.You'd file and set for hearing the motion and have that hearing, at which the Judge would make a decision. Go to legalzoom.com or nolo.com for more info and the motion, or hire an attorney (recommended, and I can help you find an affordable one in your area).
Best of luck in your matter. I'm here if you need any more clarification or follow up information.
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