There is nothing that would prevent you from entering into a settlement agreement with your husband agreeing to give him all assets and waive child support in return for full custody. You wouldn't even have to propose it to the court if he would agree privately.
You could simply draft the agreement, have both parties sign it and have it notarized and then just submit it to the court as an executed settlement agreement. The judge typically will not question the agreement as long as both parties state that they have voluntarily entered into the contract. Parties are free to settle things between themselves and the courts actually encourage this.
But if your husband truly wants custody, he might not agree to this, but may agree to some type of visitation with you having sole physical custody.
You are correct in that the judge has a duty to make decisions in the "best interests of the children", but that doesn't necessarily mean that money is the most important thing. If you are able to provide a stable home, food, clothing and other necessaries that meet the needs of the children physically as well as emotionally, that is more important than vacation getaways, designer clothes, and an expensive home. Possessions don't make a home. If dad can provide every luxury but is morally or emotionally bankrupt and uncaring then his home environment will be much "poorer" than any one that you could provide.
But with that said, you could simply tell your husband that you will agree to any financial terms that he can get the court to agree to as long as you get physical custody of the children. Then it would be up to him and the judge to determine what was an acceptable settlement.
The long and short of it is that the judge will have to sign off on any agreement and if you can't agree between the two of you, the judge will decide what he/she believes is equitable. But the more you can agree to out of court, the shorter the process will be.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).