Child Residency

[freedomfrom]

Hi,
I have a 13 month old and currently pregnant with no. 2. I am in the process of leaving the OH. He has never lived with us, and really hasnt helped raise DS1.

He is on the birth certificate of DS1 so has parental responsibility. I was just wondering if we split and he wants DS1 (and in future DC2) staying at his house, will he have the right to?

If we end up in court will it likely swing in my favour as he has hardly been here etc?
He also smokes weed in his house (hence I dont want my children going there).
I've wrote a thread recently on the relationship here
Thanks for any advise.
I am scared about ending relationship anyway, but also know he will want to try and get DS1 eventually to be staying at his as he has another son he has staying there a few days a week....

Do not underestimate the importance of contact. The presumption is that when a child lives with one parent they should know and see the other, warts and all, unless the circumstances are exceptional. Contact would normally be a reasonable amount including overnight stays and holidays.

When there is evidence that a child is seriously at risk from harm contact might be supervised or supported and/or take place in a contact centre. If alcohol or drug abuse is a problem it can be monitored through testing.

Thanks STIDW,

I have no problem with him seeing the kids, I just dont want them staying overnight with him in his house. And to be honest yes, I want residency otherwise I know he will manipulate to get his way.
He smokes everyday in his flat and keeps weed there.
However, he may be happy with the arrangement for him to keep coming to visit rather than taking them back with him for a while.