Ex DH wants custody of my 8 year old

[Tenetenba]

Just to spite me. He's told me hes angry i won't give him another chance to reconcile and he's not prepared to be without him.
Ive told him he can see him as much as he likes but he wont listen.
Is he likely to have success?

He's registered disabled.
Hasn't worked for 17 years.
Lives with his disabled mother.
Doesn't contribute financially to me.
Doesn't go out.
Hasn't taken him to the gp or school event EVER.
never did a school run and i employed a child minder to pick him up as i worked fulltime and he said he was too ill.
He freely admits that dc has always been " my son " but says he wants him.
I know it's to spite me. Hes told me.

What should I do?
Should i apply first ?

See a solicitor tomorrow. Get a residency order ASAP.
Set out proper contact only once you have the order.

Let him go to court, no need for you to apply - let him have the expense.

Do you think he means it or do you think he's just saying it to upset you?

I think he means it. He's very angry. Ive name changed there's been month's of emotional blackmail going on. I know he's hurt and devastated but he is not physically or emotionally able to look after him.
I also have 2 older dc 15,16 that hes not bothered about seeing obviously!

Just block his number. He is an ex. He isn't interested in arranging to see the dc. You don't need to receive his texts imo.
Send one advising communication via solicitors after today.
And mean it.

I seriously doubt he will even make the effort to go to court. He doesn't even have the financial resources to do so. He's just trying to terrorise you.

He is goading you.

He won't get Legal Aid and he will baulk at the cost of pursuing it

He quite obviously couldn't manage and this would become obvious early that he doesn't have a case worth pursuing.

It's idle threats designed to scare you just to be an arsehole.

Say See You In Court next time he threatens it and watch him do fuck all.

Say he keeps hold of him, how is going to care for him and get him to and from school?

50:50 shared care is the usual starting point so unlikely he will get more and you won't need to pay CMS 🤷🏽‍♀️

And especially so if he only wants the youngest and not the teens

He will only look like a crank

Hopefully you’ll take him to CSA? He won’t have to pay much (unfortunately), but he needs to pay for his three children.

CMA....not CSA. Sorry

Ive looked and with what benefits he brings in they would take 2.32p each a week so i really dont see the point in asking the CMA.

The minimum rate eg if the paying parent is on benefits is £7 a week. Not much but better than nothing!

He's extremely unlikely to get full custody. He may get shared. However I expect he's only using this threat to get what he wants. He's unlikely.to go through with it when he actually looks in to it. Mine took me to court but backed down in the end as he knew he wouldn't win and was better coming to an amicable agreement that was best for DD. Try and cut contact ad much as possible and only respond when you really have to

You have posted this before and the advice given was:

1. Get your older children to sort out their own contact with their father as no court would force them to maintain contact if they don't want to.
2. Your ex will not be awarded "custody" of your 8 year old as it doesn't exist. Instead there be a regular contact arrangement with your ex as your 8 year old lives with you and other siblings.
3. Your ex will have to go to mediation first before he goes to Court . If you offer him something like eow and half the school holidays then sort out a schedule he won't get any more if he drags you to Court. You just need to make your son available at the agreed times.
4. Block him on your phones. Set up an email address to use for him only and only communicate with him using that address for the 8 year old's contact arrangements, education and health. Don't write to him about anything else at all even if he asks goading questions.

Does he have regular contact with your DS at the moment? If so, how does he manage with that?