3boyz, I wouldn't say "yes, let's make that happen," nor would I argue with him about it. I would blow it off. Unless I am misunderstanding - but if I am correct, you have an agreement that has been working well for you, and your H doesn't even have a place he can take them 50% of the time. And, it doesn't sound like you are even close to filing anything, so this seems like a moot point, and your H is just trying to go for the jugular.
I'm sorry, I know how you feel bc my H just did the same thing to me. It really hurts to know that they are using their own children to get back at us - how gross.
Also, as you know, custody arrangements are supposed to be determined based on the best interests of the children. Even with my "older" kids, since I have been a SAHM and their primary caretaker for their entire lives, the expert I spoke with advised starting out with less than 50% time with H, and slowly moving towards that if things are working well as they get older and more use to being with him alone.
Your guys are littler, and I can't imagine any expert would say it is in your 1 year old's best interest would be to be split between two households. The younger the kid is, the more he or she needs a "home."
Dads aren't entitled to 50/50 custody, and I disagree with others who say that children are always best served by splitting their time 50/50. Much of it depends on the age of the child, the fitness of the father to have them (and I mean things like, having a place to live, for starters, that is fit for children, having the time to parent them, etc., not just that he is not hooked on drugs or abusive), and the history of time spent with each parent.
Still, I think that all of this is a moot point right now . . . it sounds like your H is just being an ass right now. I would just let it go.
me: 44 XH: 42 M 11 years D10 and S8 Bomb drop 9/27/13 D final 7/1/14