I140 and 485 help, urgent

My hu*****and just filed I-140 and 485 concurrently, but my name was not included. I'm on H4 now. we are not in good relation for a while and both of us wants child ( 2 years old ) custody. The reason he didn't include my name is to make sure he can get child custody 100% and I will have to leave US.

we are still living together, I want to stay here, even I don't have custody I will have right to visit him and let him know Mom is still here and love him.

My hu*****and agree if there is a way which can make sure he can get custody once he or I file divorce after I get greencard, He will add my name.


I have two questions:
1. if his application get approved, do I still have chance to file application as his wife?

2. Is there any way which can make sure he can get custody, such as separation agreement, which states primary care giver is Him not I ? or anything else?

Thanks a million,