right now, the law says the opposite, that custodial parenting shall prevail. And so, that's what the courts do.
The battle has always been at the legislative level. We don't need to change the courts or the judges, if we can change the laws.
However, it can and does happen that some laws are declared unconstitutional, and that's like hitting a home run. But still, you also have to get a lot of singles in this game, and that is by getting your elected officials to pass the proper legislation. And if they can't/won't/don't do that, then they have to be voted out of office, and hopefully replaced with someone who will do it.
that's America. if you don't like that choice, there is always anarchy, but then you are fighting against the American military, as well as the civilian govt. In this country at this time, there isn't enough civil discontent for any kind of anarchy, though in the 1960's we were pretty close.
Maybe a few more years of George Bush in office, and this country will be sufficiently civilly discontent for some anarchy games.
Ya never know.
Good Luck.