Assuming that you have been visiting your children regularly, an action to modify custody may be filed in the county of your ex-husband's residence whenever there has been a change in circumstances for the Judge to consider.
You should seek advice from an experienced family law attorney who handles cases in that county, who can advise you whether you have sufficient evidence to pursue such a case.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.
You can file a petition requesting to modify custody. However, to be successful you must show that there has been a change in circumstances since the last order was issued. You stated that it has been three years, but did not mention if there has been any change in the circumstances that "caused" the judge to rule as he/she did.
I agree with Mr. Zezima, you should consult with a family law attorney to discuss your case. Actually, considering the lack of simplicity, it would be in your best interest to hire an attorney to represent you in your modification.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
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