Can I claim my son on my taxes?

Me and my husband have split custody of our 13 year old son. Our custody agreement says I claim him on the even number tax years and my husband claims him on odd number tax years. Since I claimed him on my 2020 taxes that means I got the child tax credit and an extra 1400 with the stimulus. Now since this will be his year to claim our son he will get it and most likely will mean I won't get the rest of the money because I can't claim him, but he said he will just split the 3000 with me. Which is fine. I did after all get more then he did from stimulus checks because he gave both his to me to help with a hospital bill. Now here's the deal. He got a hurt at work back in June and had a concussion so I took the kids until he was better so I had the kids three more extra days than him this year. Can I petition the court to let me file them this year also?