I have the 2 kids and the house. The house is in my name only. I do not have legal custody of the kids, but she left seven months ago, she will only watch the kids if I prove that I am at work she has even called there and came up there to check. My question is if I go for sole custody what are the chances she could turn the tables on me. In addition to only providing general commentary, I never give odds.
Judges are too unpredictable.
It would be helpful for someone from your work to testify about her phone calls. She has not abandoned the children given your description. If it is not, but is just a private agreement between the two of you, then it isn't directly enforcable. Your remedy would have to be to go back to court and seek to modify the custody arrangement. You would argue that the course of conduct over the last 4 years, coupled with your ex's new attitude, justifies a change.