While custody - or as much custody as the court would grant you - is important, even more vital is that you set an example for your children. They need to see what a normal home environment should be, even if only with one parent.
Unless your ex somehow succeeds in convincing the court or other professionals that you are abusive or significantly neglectful, you WILL get parenting time with your children. It may be as little as alternate weekends, it may be equal time or it may be more. You son is clearly old enough to have a say in that aspect. (After all, once he starts to drive he can "vote with his feet".) But beware that his mother will emotionally guilt him and try to sway him to appease her.
Excerpt
Living in a calm and stable home, even if only for part of their lives, will give the children a better example of normalcy for their own future relationships. Staying together would mean that's the only example of home life they would have known — discord, conflict, invalidation, alienation attempts, overall craziness, etc. About 40 years ago the book Solomon's Children - Exploding the Myths of Divorce had an interesting observation on page 195 by one participant, As the saying goes, "I'd rather come from a broken home than live in one." Ponder that. Taking action will enable your lives, or at least a part of your lives going forward, to be spent be in a calm, stable environment — your home, wherever that is — away from the blaming, emotional distortions, pressuring demands and manipulations, unpredictable ever-looming rages and outright chaos. And some of the flying monkeys too.
A benefit would be that your children would get a glimpse of normalcy and seek that normalcy in future adult relationships... neither seeking controllers, users and manipulators nor seeking compliant appeasers.
So... "better late than never" may be a theme that works for you.


