Your question was "Can I sue for custody?" But your surrounding text is a bit unclear as to what custody orders are in place or why. You do not indicate what custody orders were entered, or what the reality has been since that time.
Short version -- start with your existing order; the rules for modification of that order are posted at http://willicklawgroup.com/child-custody-and-visitation/, but for any kind of intelligent analysis of what you can do and how you can do it, you will need to bring all your paperwork, and all the information you have that is not in those court orders, to a family law specialist for a consultation.
Answered on Feb 17th, 2014 at 12:39 PM