1. If you do not have a job you are at risk of him getting custody. Over and over and over again moms on this page are seeing it, my friend is a good mom and the judge gave her kids to the hubby simply because he was working and able to support the kids.
She has applied over and over for jobs and cannot find one, she is competing with MBA unemployed people so they are getting hire for McDonalds and Walmart. Not the people who only have a high school diploma and no work history.
So get a job today, not next week or next month but today, Even if you are still living together you have to be able to show you can support these kids without him or he can get them and make your life hell.
2. If he gets the kids he will ask for spousal support and child support and get them. You will be working full time and giving nearly half you gross to him. You should not expect to live on spousal support or child support at all. Your lifestyle should reflect that. You'll need an apartment or rental house that you can afford on minimum wage and be able to manage the money part of it without any money from him. That way when the judge looks at you as the prospective custodial parent he will respect you a lot more. Judges are tired of "lazy" SAHM;s expecting a free ride on their soon to be ex-hubby's income.
3. Do not do any kind of joint custody. If this happens he will try to manipulate and control you every chance he gets.
4. Have it stated that if the kids are in activities such as sports, dance, theater, art programs, school activities, etc...that fall on the other parents visit the parents must provide their children with transportation to and from any practices, performances, games,
IF you get custody do not let him have tax privileges at all. You support the kids and they live with you, then you deserve to get the unearned income tax monies.
5. Having everything, every detail written down in the court papers is so much easier in the long run. That way he cannot argue and you cannot get into trouble because he thought this or that meant something else.
Some examples are:
Ex-Hubby (EX)
Mom
Kids
During regular school semesters. EX will pick up kids at XXX at 6pm on Friday evening and have children at XXX at 6 pm on Sunday. During his visits he is responsible for clothing, feeding, providing acceptable child care if he has to work, and all other costs that he may come across.
EX is required to have the children on his health insurance and if the company he works for does not allow this he must pay out of pocket for his insurance, it may not be lass coverage than he has now. (The list specifics so that it is written down).
During school breaks that are for 4 days or more such as Winter Break, Thanksgiving Break, Spring Break, and summer break. Regular visitation is expected with the option of EX taking kids the last day of school at 6pm until the following day before school starts at 6pm.
EX is to have the children from XX day of June until XX day of June then again from XX day of July to XX day of July.
Each holiday should be listed and how you plan to divide those family holidays like Christmas and Easter. He should have them every other year on the main day if it matters to either of you.
For instance, one year you have them both Christmas Eve and Christmas Day, the next year he has them both days.
Or you trade off one year you have them Christmas Eve then he picks them up at 6pm and has them all day the next day then the next year it is opposite.
This will make it much easier. There will be less interaction when it comes to discussing visitation. He may try to change it later to be better suited to the kids schedules but then again, you may want to change it later on too.
One thing to consider is child care and activities. If you get it written in that he is to pay any part of those charges he may just choose to not pay. He may not care, they can sue him, it doesn't matter to him. It is truly embarrassing to show up at dance class to be told "I'm sorry, the kids can't stay until your bill is paid from last month". If he just does not pay it is NOT the businesses job to be a bill collector. It is your job to pay the bill and get the money from him. So don't count on him paying those bills at all. He may be ordered to do so but that won't make him do it.