Divorce and child custody issues in Mississippi!! Help!!?

I decided it was time for a divorce when my ex husband decided to try and commit suicide in front of my10 month old baby and 12 year son . He beat me for the first 4 years of our marriage and mentally and emotionally abused me and my oldest son the last 5 years. I got into a really bad car accident the weekend before finalization and he went to court that Monday without me, knowing i had no way to get to court due to my car being totaled and stuck where i was with no help to get back in time. The courts are obviously closed on the weekend and I was completely dumb as to what my rights were, thinking he would do as he promised and not screw me over. My questions are: Can he go to finalization without me there? He lives with his mother and father and my two boys are staying in one room with him, he JUST recently, after a year and a half being divorced, got beds for them, which are still all in one room. Does this consider him homeless? If so can i present this to a judge to get custody?