Sorry to hear you are having problems with this, it is hard when kids are involved. Unless you plan on getting remarried soon why worry about it, it's just a piece of paper. Do you think it would be much different than it is? It is just a legality. Anyways that is just my take on it at the moment ,of course I don't know the whole story. And you might be surprised at who would handle it better. My divorce my son was 7 and it was hard on him. At four you just grow up as that is the way it always has been, 7 is different. I wish you the best.