So my stbxh left 2 months ago for OW whom he had known 3 weeks. We have a DD and I am heavily pregnant with our 2nd.
It's been a battle back and forth about a lot but we managed to agree 2 days a week he would see DD. The plan is to get a minute of agreement in place as soon as the baby is here regarding finances and custody but I just wanted to see if anyone has had a dad make excuses for not having their children overnight? He has a 2 bed flat, has everything he could need to sort a room for the girls (which family and I have provided) and was supposed to start having my daughter overnight once a week initially then 2 nights after that. But there has been excuses after excuse, he's not sorted the room and eventually the other day when I questioned him on it again he said he doesn't think it's a good idea because he plans to move his OW in after Xmas - obviously a top dad. We had both agreed that we would look at it in 6 months time if he and ow were still together and introducing the girls. So he has said he wants to see how it goes then at that point discuss regular over nights.
My main question is, when it comes to arranging custody in the new year, how would this arrangement look legally? I personally don't feel seeing his children for a few hours a day twice a week is being a parent but I'm not going to force him to see his children. Would I have full custody but allow access? Or would this still be classed as shared custody?