Well, with as many hours as he works and the unpredictability of his schedule, and since he was hardly there for the majority of S3's life, I can't see a court going for that. In legal terms, you are quite obviously the primary caregiver.
As far as dealing with your H...I think the best thing might be to just say that if it comes to that, the Ls and the judge will figure all the details out. That you just want him to be happy and what's best for your children.
Michelle - Proud DR Rockette S: 28JUL07, D'd: 29OCT09 http://tinyurl.com/27j9qo2