mental limitations... seeking full custody

[freeatlast]

The current custody is as follows:

I have joint legal and physical with my X husband, but it is conditional upon the fact that I reside with my parents. (I have a history of suicide attempts 2005: and severe depression in 2005 and 2006 in which I was admitted to the hospital: all because of mental abuse from him)

My children currently live with me for the school year and stay with him for the summer and Christmas, Easter and various 3 day weekends.

He lives 8 hours away and so the children are with me about 9 months out of the year which is by no means 50/50.

Here's what I want to do:
Ask that the statute of me living with my parents be removed as both my psychiatrist and psychologist have stated that I am very stable and have been compliant to treatment. I have been stable since aug. 2006.

I want to ask for full physical custody as the father is not with them 40% of the time and is not required to pay child support.

I am concerned about making decissions regarding our children's well-being because I am with them 80% of the time and therefore know their needs better then the father and he has not allowed me to get certain care for our children.

So...
Do I have a good case? What order should I go in to ask for what I want?
Ask for custody first?
Ask to have the condition removed? or request both at the same time?

I am worried about their well-being because he has made some bad choices concerning childcare, various lies he has told concerning the children's care, etc.

Do I have a case worth fighting for or will I be wasting my time this early in the game???

Thanks

You may want to have legal counsel help advise you but you can request both at the same time. You will want to to have prepared good reasons and arguments and have all your medical and other history to show that all is fine now.

If you request a change in custody, you will have to show that there has been a significant change in circumstances from when the previous order was created.
Assuming you can demonstrate a change in circumstance has occurred, be aware that this opens the door for HIM to request a custodial arrangement more favorable to him as well.
Since most states favor joint custody, your attempt to get full custody may not be looked on with approval.