Mom has sole cust and has given kids to father who does not but is better for them. What does dad do and has had kids for a year?
Ok my brother went to prison for selling drugs for a few years and was actually getting a divorce at the time. The ex wife sent the papers to him in jail so she got sle custody of the children. So my brother gets out of jail and the agreement was that when he got out the kids would come to live with him becs although he went to jail he was always a great dad. He got out never smokes drinks or anything like that. He got a good job and as soon as he got his place the kids moved here with him. We all help out and everything the kids love us all we never let them see things that are bad for them. they are are in a good condusive enviroment but remember the mom still has sole custody. My brother has now had the kids for a year and their grades are up. he is there with them everyday...cooking dinner, doing homework, and etc. The mother is angry at him because of course she wants him back.
She threatens him all the time about the soile custody eventhought she gave him the kids. What doesa he do in this situation ..where now the kids are living with him and in a better enviroment as their mother has a different boyfriend every week and drinks and parties every night and was never at home with them?
There is no way someone on this site could give any kind of reasonable response to your question. There are too many extenuating factors, probably too many factors that haven't been revealed or explained, too much time has gone by, and any number of other complications.
Your brother needs to find a lawyer who is very experienced in dealing with child custody cases and he needs to take the situation back to the court that granted the divorce and the original custody arrangement. He will need to have all his evidence collected - to support his contention that he is providing a better environment for the children, to demonstrate that the children's mother is no longer fit to have custody, and to prove that he has gotten his act together and will not be having repeat problems with the law.
The court needs to examine all the circumstances, and then will attempt to make the decision that will provide the best environment for the children.