How would a family court see this?

[ufgh]

So, how would the family court decide this/what is the most likely outcome -

Dad is trying to take full custody (resident parent or however it's said now) of DS who is almost 3.
Mum is completely fighting against that and fighting for dad to have DS to stay twice a week only.

The reason dad has took mum to court for custody is because mum has moved on, got a new DP and ended up pregnant very soon, his argument is that she's clearly irresponsible for that, isn't prioritizing DS and he'll subsequently get pushed out and needs more stability than that.

DS has always lived with mum. For the first year, dad was only involved through supervised contact (through mums choice).
He doesn't pay maintenance anymore.
He doesn't have his own home and lives with parents (and a brother who has been convicted of drug charges) although dad plans to move out and get a house of his own.
He had one minor drug charge himself as a teen.
Claims that he has seen mum first-hand treat DS unfairly with excessive discipline (shouting/screaming) etc.
Comes across all well-spoken and just completely a degree.

Mum works, has ran a home by herself (at 18 with DS), and admits to accidentally getting pregnant soon after the relationship properly broke down but is happy about it and is confident about her good parenting and security in the home for DS.

How would this go? What other factors would they need to consider?

For 3 years the child has lived with mum, and has only had limited contact with dad, who doesn't financially provide for him.

Mum has taken steps to make sure dad and child have a relationship. Dad has not taken steps to provide financially or emotionally for his child (does child have their own room at the house?)

Highly unlikely dad would get anything more than a couple of days a week. Most he'd likely get is every other weekend, and one evening/night during the week.

This is a totally different scenario to a couple that is breaking up, where both parents have lived with the child. Your child has lived with you, and has bonded with you as primary parent and carer.

Is the dad even the type to want full residency? I mean, outside of wanting it just to “win” against the mother. It doesn’t sound like he will really be bothered with actual parenting. At a guess is say even if he does get awarded contact he’ll very quickly start finding reasons not to turn up for it.

@JoxerGoesToStuttgart I think not naturally but he'd want to get at the mum sooo bad and 'win' that he'd make himself the type to be honest!

As as the dc is well looked after I would doubt you have anything to worry about. Ex seems to be spiteful.

I think you should prepare for 50/50 personally. there's no reason in this day and age why the mum should have priority over the dad as long as he can give him a secure place to live.

So if Dad were to get 50/50, who is going to look after the child whilst he’s at work?

Do you think he’s using the child as a means to get social housing?

@MooseBeTimeForSummer DS is in nursery. And I doubt it!

But you pay for the nursery.

So, if he gets a job and wants overnights how will that work for him in terms of drop offs. And will he start contributing to the cost? Lots of little things he’s probably not thinking about.

Is he nearby? What about future school?

Whether this is for you or someone else, do not go into this lightly. Please consider the following:

1. was he abusive? He sounds very controlling and this kind of behaviour is abuse.
2. do not go into this unrepresented, Family Courts are not nice places, you will need proper legal representation or they will eat you alive
3. have you been for mediation, you are normally required to do this before courts will even consider a case, unless there was DV.
4. Try and find another way if you can, I have been stuck in the process for 18months and it is hard and horrible,

I wish you luck, get support, seek advice and stay strong.

there's no reason in this day and age why the mum should have priority over the dad as long as he can give him a secure place to live.

I think being unable to pay for his food and clothes is a pretty good reason tbh.

Agree with all of therese points.

The court is generally inclined to maintain the status quo, unless there is a good reason to change it. It's highly unlikely he'll go from weekend contact to 50:50. It's usually a case of contact gradually being increased over a number of years and numerous court orders.

In my experience, the mum's pregnancy won't be given any attention except to consider promoting the child's relationship with their sibling. Perhaps your friend might like to drop that little nugget into a conversation with the ex?

A judge will order a Cafcass report and it is the recommendations of the social worker that a judge listens to.

If there are no allegations of abuse then shared care could be the recommendation or eow and 1 night during the week.

CMS are not a factor in care orders usually. Your solicitor may mention "mum has applied fo cms" however if he is studying then that will be judged as fair.

Most people who study also have a pt job. He could have provided financial help if he had tried!
He sounds like a bloody bully!!
And doesn't sound hands on /trustworthy with ds to have much contact at all!

Did you just sick up a thesaurus Tzenl ?