Yes, our SA delineates 50/50 custody, so he feels that if things don't go "his way" then he can take S to his apt3-4 nights per week which I do not want. It just further disrupts my S's sense of security and routine, as well as divides our family even more permanently.
So, unless I continue to leave when H visits, as I have been doing, he will fight in court to have him 3-4 nights per week. I will then have to go back to a lawyer and fight for the agreement to be modified which is not impossible, but is costly and difficult in this state.
I have however, met with a L who is willing to do so, also to have him drug tested. Scary, but my next option.
That is the only sure way to be sure that he knows he is not welcome back. That and asking him to get his stuff out of the house, even though he legally owns half the house.
The problem is I still do hope he will return and hope that cutting off all ties and fighting in court does not have the oppostite effect - of permanently angering him and getting him gone - which it may.