Custody

[Tuzz]

Beginning a separation. Partner says that as I won’t be working full time soon and can’t support our 2 DS (both primary age) a court won’t give me custody. Currently working full time but contract ends soon and doesn’t look like there is another job in my field. I might need to move to find full time work.
We are not married. He says he doesn’t have to pay a penny to support us, that is what the law says. I am so frazzled working right now I can’t look it up. That isn’t true is it? He does have to pay child support? No court would grant him custody because I haven’t got enough money to support the children without him. I’m in Scotland if that makes any difference. He says if we separate I need to move out of the family home as it is all his. I can should leave the children with him in our home.
Is women’s aid a good place to get information on my rights?

Stop and breathe, Before you do anything you should see a solicitor to see what your rights are. Do you own the house together? I would not leave my children and if you have to leave take with you.

Also yes women's aid can give you advice about leaving and also maybe some legal advice.

Regardless of whether your married or not he has to pay child support if you have the children for more overnights. But the starting point for custody might be 50/50 in which was there will be no child support.
You may be entitled to benefits though.
The house is different - it depends who owns it and how it was purchased - tennant in common etc. If it’s in his name you may not be entitled to anything. You may be able to register and interest if you have been contributing to the mortgage.
I’d get legal advice

Starting point is don't listen to a word he says. You are separating and he no longer has your interests at heart. What he has so far is not true and so is trying to get you to agree to something perhaps without solicitor input. If you are not married and the house isn't in you name you won't be entitled to anything there. However, he will have to pay CSA if not 50/50. Speak to women's aid.

Claiming benefits enabled me to leave my exh.
He got eow..
And he paid Cms.

He’s talking crap. And more crap than usual because you are in Scotland. Whilst you don’t have the same rights as a married couple it’s not without hope. Scotland’s law is not the same as English law in this regard.

See a solicitor and get advice appropriate to your situation. At least apply for an order to stay in the house whilst your sort out the future.

Oh and don’t debate or take guidance from him. He doesn’t know what he is talking about.

OP, mine FPS exactly the same - he was a nasty bastard.

You have co-habitation rights in Scotland (Google section 28 claims) - it's about who has had advantage or disadvantage in the relationship.

How is your home owned? You can buy a copy of the title deeds from the land registry for a few pounds - it will tell you how. If it's solely in his name it could be tricky.

Do you have anywhere else to go eg family or friends?

Also check on the SLAB website to see if you qualify for legal aid.

I've stood firm & my ex has dropped his 50-50 nonsense. And is now paying me maintenance & a lot more equity than he'd initially wanted. He was a nasty piece of work too, threatening to make me homeless & force me out of kids lives, with him becoming the primary carer.

Also have a look at Lowther homes criteria, depending where you see in the country & your job/income - they may be able to help with mid-market rentals.

Good luck. And feel free to PM me if you'd like solicitors details for Edinburgh.