I think your conscience is bothering you because you know you will be purposely hurting someone you love. I, personally, don't think you have a choice under the circumstances. Perhaps talking to a pastor would help you...????
As good as I am at the legal stuff I think it is a distasteful way of deciding the future of your relationship and parenting with your spouse.
I told W/MIL as much prior to the initiation of hostilities. Adversarial divorce is a poor way to prepare for life after divorce.
But MIL/W's ego wouldn't let me off that easy. She felt a burning desire to place blame - and so they were insistent on doing so - with or without evidence. Of course... they didn't anticipate me coming right back with actual evidence.
My mom shared the following with me: No weapon that is formed against thee shall prosper; and every tongue that shall rise against thee in judgment thou shalt condemn. This is the heritage of the servants of the LORD, and their righteousness is of me, saith the LORD.
~Isaiah 54:17
"You can't reason someone out of a position they didn't reason themselves into."