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This father has had more than enough money since the estrangement in 2009 to win custody of his children. If he wasn't able to win primary physical custody 6 years ago, I have to question why.
He's been more than financially able to hire a stellar attorney. If he truly desired primary physical custody - why has he failed to secure it - if he is the parent who allegedly shares the primary emotional bond with his children, if he is the parent who has allegedly proven to have provided the daily ongoing physical needs for his children, if he is the parent who his children allegedly look to for their emotional, physical, and financial needs?
I'll speculate: because he hasn't provided any strong evidence of the above things - the very things the Court looks at when determining primary physical custody.
What bond does he share with the children? They rather be in juvenile detention than go to lunch with him. And it's not a recent development.