petition for custodial parental rights

my husband and i are finally divorced and we both signed a parental agreement with the court. lately he hasnt been following the agreement and drops the kids off at times when he knows i will be at work or when its convenient for him when he has something going on. hes trying to look like hes giving me more time with the kids when actually if i have to work what good is the kids being at my home when im not there to spend time with them. also, i think my 16 yr old daughter may have given him a key to my home or lets him in when she knows i wont be there but i have no way to prove it. i hate that my 16 yr old and 10 yr old have no stability or structure and think they can flip flop and come and go between both homes whenever they want. i want to file for primary custodial rights. what are my chances? he got away with paying any support because of this bogus joint custody agreement and right now he has no permanent home. he is using the attic at his parents home as his place while his kids sleep downstairs with his parents in the spare room and at my home they have their own rooms with all their stuff still in it. this is ridiculous.

[tbyte]

Based on what you have said, I'd say you do not have sufficient cause to show that there has been a substantial change in circumstances warranting a change in the parenting plan.
Plus, it sounds like your children might not be agreeable to the plan, and at their ages the court would consider their opinion before making a decision.
In my opinion, the first thing you need to do, before going down any legal avenues, is reestablish trust with your children.

Sounds like this would be a perfect time to have the court appoint a parenting coordinator.