My question involves a child custody case from the State of: Colorado
My husband and I have been separated for over a year, and have not filed for divorce yet (although it will be done in the next 2 weeks). We were married for 11 years and have two young boys. He was arrested last year for assaulting me in front of our children. There was a history of Domestic Violence. He is a very angry man, in fact he's been convicted of another harassment and cited for road rage in the past 2 years as well. After his DV arrest, he was not allowed to see the boys. After a few months, he was allowed supervised visits with Human Services and now has the boys 50% of the time unsupervised. He has been a decent father, and I thought that was best for the boys.
A couple months ago, he moved in with his girlfriend. They just got a house together, and she told him he could quit his job and she would support them. I make $75,000 a year, so I can support the boys on my end. He did quit, and now is a "stay at home" dad and caregiver to her kids. Since this has occurred, he has started treating me poorly (verbally) in front of the boys at drop-off/pick-up. The boys were in daycare 3 days a week, and have been pulled out since he can watch them. I had to beg him to keep the youngest in preschool 2 days a week.
My concern is that he is now going to challenge me for custody. He keeps spouting off how "it's so great for the boys to be with a parent full time" and so on. I agree, but I'm worried he's doing this because he knows I could never stay at home with them. Am I in trouble if he fights me for custody? Since I have been giving him 50%, can I still go for primary custody? I'm not sure what to do.

