I just went to court Dec. 09. The father of my children and I were granted joint custody of my kids. My daughter is about to be 4 and my son is 2. I want to get sole physical custody of both of my kids. My kids are only with there father every weekend. When they come home (which is at 6pm every sunday) they're starving, they eat twice as much as when they do when they're home, and my son comes home in diapers that are 2 sizes too small. When I don't let their father have the kids for an extra hour he gives them a lot of candy, only reason I know this is cause their breath smells like sugar and my daughter tells me "mommy, daddy gave brother and I candy, lots of candy". He does this so they are hyper and are bouncing off the walls just so it can "make me suffer" would this be enough evidence to take him back to court to get sole physical custody of my kids? If not, what else do I need to get it?

The Court will hear a Petition to amend the December 9th Order IF you can present PROOF that the father is a danger to the children.

I do notice you refer to them as "my" kids instead of "our" kids. This will not go over well in Court.

At best they may make him take parenting classes but since it is so soon since your last hearing they may not allow another unless there is clear and present danger.

And if you have joint custody, he can also ask for a change in the days he has them to give him more time with them. He has that right also.

Again, not being the best parent is far from a danger to the kids, Have you discussed this, ( he may not keep up on sizes to buy) And perhaps he does not feed them they same "type" of food, so they don't eat as much, even though they have a offer of food.

As to candy, a parent who does not have them as long often tries to do more fun things to make up for the times they don't have them.

If you don't try and work with him, it will only be worst on the kids.

I am going to guess you even talk bad about him, and perhaps question the kids on what they did at his house, that should also stop and you should try to appear glad they are with his father.

As for as "full custosdy" even with that, he would be able to get more visitation time with merely visits than this arrangement gives him