If you don't make it, he has the RIGHT to them 50% of the time maybe more if he can win in court. He might have the right to have legal and physical custody. You could end up paying child support to him while he has YOUR children! I know that this sounds really crazy and alarmist, but in the Separation & Divorce forum there is a lady whose XWH got an adoption through on her daughter and then took the daughter across the USA. She had to negotiate to get her back! Because he was the adoptive "legal" father, he had the right to just take off with her daughter.
I am not saying that your WH would or would not do this. I am saying that you may want to consider the ramifications of him being their legal father while you might still divorce him.
D-Day, June 10, 2012
You need to be able to trust him before giving him legal rights to your kids?
He has shown he is unreliable and has put you and the family at risk with his actions. Wait until you feel totally safe is my advice.
IMO you do not need to worry about how this will affect him, you need to make sure that your kids are safe and 100% in your care and custody. Don't add another element of torture to your R and pressure for yourself.
There is someone in the divorce forum who did this. Now they are divorcing and he us trying to get full custody of HER child.
Don't do this, please.
Former 80s Icon wishful thinking