Johansson filed for divorce from Romain Dauriac in a New York City court Tuesday, saying the marriage was "irretrievably broken."
Johansson is asking for joint custody of their daughter, Rose, but also wants the child to live with her.
Dauriac was taken aback by the request because he has been the "primary parent" for Rose while Johansson has been involved with her career.
He is "shocked" and sees the move as a "pre-emptive strike"
Dauriac plans to petition the court to take the child to live with him in his native France, that Johansson will have "access to her daughter any time she wants to come to Paris."
"Mr. Dauriac is tired of having to run his life and his child's life based on Ms. Johansson's shooting schedule,"