So the papers have been filed. He asked for primary even though he walked out 8 months ago. It didn't upset me too much because I know there is no way he will get primary. In his emotional state he shouldn't have shared either and my S doesn't want that so we are trying to work it out but I am not sure we can if he doesn't budge.
I have tried to give him a lot of different options of ways for him to see S without changing S's life and moving him back and forth every other day or every 3 to 4 days.
H hasn't been a part of our daily lives for the 8 months and even before that he would leave S alone for 3-5 hours while he went to the gym or "elsewhere".
I try not to be bitter and I still am trying to accommodate what H asks for. I find to be pleasant better then being angry because at the end of the day I have to live with myself. So vindictive behavior no, still trying to apply DB rules through divorce after all he is my S's dad at the end.