I don't think that the deposition really "lost" the custody case for him. He was never going to win it anyway. Given that the court had his children taken away from him back in July even though he wasn't charged with any crime, why would he have any reason to expect that he would get them back now? The current judge has [unbelievably] said that she gets to unilaterally decide whether he killed his wife or not. It's a fight that he is not going to win.
He appears to be getting horrible advice from his attorneys. They seem to be in way over their heads. They should cut their losses on the custody case and focus on trying to keep him out of jail. They did that earlier when they cut the temporary custody deal and should have stuck with that strategy. Their futile efforts in the custody case are going to end up digging him a deeper hole in any eventual criminal case.
I completely disagree. I can't see him losing the custody battle. He is their father. He has rights to his kids.