If the courts see it as in the best interests of the child, then the father can gain custody. It is so much better (and cheaper) for the health of the family if parents can work together on parenting issues. So often it seems like a competition as to who can do it better. Believe me, it is not ever easy doing it alone.
Also, consider that things change as the children age. It might not be appropriate for the children to have to change homes midweek. As they become teens, much as they love you, their focus is on outside activities. Therefore, most agreements seem to age out after two years or so.
AnswerThe father must petition the court to declare the mother unfit. This is a serious matter and the father should seek the advice of an attorney since the court will require evidence. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:
Yes, but the father can file a challenge. Why not give him the children?
A father who does not have legal custody of his children cannot be forced to take care of those children while the mother, who has custody, is on vacation. And really, it would not be good for the children to be left with the father if that father actually didn't want to take care of them, but was forced to do so by some form of legal coercion. Children should be cared for by someone who actually wants to care for them. They will get much better care that way.
If the mom has custody. If they have to split custody then no she doesn't.
Can, but the father can challenge it in probate.
Assuming you are an adult, yes you have a chance.
If mom has legal custody, call the police.
It is illegal.
Only if your father agrees to allow it.
If the father has legal custody the child should live with him. What does the custody agreement say?
Mother files motion for custody
If the mother has interrupted her career more than the father for her children, surely she has the better argument for custody? Custody should depend on how the children are treated, not on how hard the mother found it/finds it to get a job. The father would probably have to work less when they have custody of the children anyway.
If you live in the US... Unless Mom's parental rights (different thing than custodial rights) have been terminated or she can be proven unfit, she's first in line for custody, so if she wants custody, she will get it (no matter what Dad wants)