Custody - Charges -Sexual Encounters

STBX was arrested for kidnap and rape. I don’t have all of the details, but it seems a 3rd party filed the charges and the victim said it was consensual so they dropped the charges. Will this be used against him since we are married. Or is it that since we are separated he can have sexual relationships with others?
I was granted emergency custoy and we go to court Wednesday. The house he is in went into Forclosure so I want to get a copy of that to take to court as well.

For purposes of determining alimony behavior occurring post date of separation is not accounted for.

The home foreclosure information can be obtained using the discovery process but will not be relevant at the emergency return hearing.

In the beginning he refused to let our son go with me and the girls. After leaving, he wasn’t allowing me to get our son at all even though I was taking the girls every other weekend.
I filed a temp parenting arrangement simply so I could see out son and the judge denied it, I have to clue why. I then hired an attorney and she refiled.
He was locked up before we heard back from the judge on a Wednesday and our 6yr old was left with his 15 yr old all day, night and half the next day. When I found out he was in jail I had to go to SC and call the cops to get him from his brothers house. (His father took him there that Thursday).
I filed Emergency custody and it was finally granted. We go to court Wed.
He didn’t have our son in school he claimed to be homeschooling him. I have placed out son in school and tutoring. Is ther a chance that the judge will remove our son from my home now that he is in school? Even if th ehouse he is staying in is in foreclosure?

I cannot predict what the judge will do after he or she hears all the facts.
I will say however if the father has no place to live he will not be granted custody.