I’ve heard stories of this leaving both kids with terrible abandonment issues, and of course, rupturing the relationship between the two of them. The judge would have to have a really good reason to sign off on splitting up kids. See what your lawyer says, but your gut is right. Your kids will theoretically outlive your husband and you, and should be set up to have a positive relationship for the rest of their lives
@Tiffany he rented an apartment literally 1 mile away from us. If we are for sure to get divorced I will be changing states. I won't be staying in the same town.
Not in the same situation but my husband is divorced from his ex wife and they have a now 9 year old together. They divorced their son was two. My husband and I met when he was three and got married when he was five. We now have am almost 3 year old together and I could not imagine having them spilt up. We only get Adrian (stepson) every other week, but when they are together it is definitely like they were never separated. I would do Joint custody for sure at least on the older one. If he doesn't want the younger kid that is on him. But those two kids will want eachother and also their space even they are bigger, but never seeing each other would not be good for them. Sounds like your husband or soon to be ex doesn't live far.