your girls are very young. they require a lot of care and attention and are too young to give a cell phone. If your husband ever has them by himself, he is not going to know what to do with them, they will interfere with his own plans and he will not have patience to interact without someone to do the work...I am betting they will spend most of their time with his mother, and although this is not what you want either, it would be a more stable place for them.
good luck at the attorney's office.