Anyone with family law knowledge? Still stressing over custody, please help....

[lunavix]

H (I refuse point blank to call him dh now) is saying he wants custody of the kids mon-fri one week then all weekend the next (bearing in mind during work hours I'll be having them, as I'm a childminder.)

Honestly, what are his chances? I don't want to stop him seeing them but he now says he has equal rights to them and will fight me in court for them. What is he likely to get, bearing in mind neither of us has cheated, neither of us are drug addicts, and neither of us are in jail????

If he wre to get his way (and I don't think he will, provided you stay put until you've got smething else sorted), then presumably he's be paying you to child mind them for the weeks that he has "custody"?

If he has custody, he has responsbility for arranging the child care - and that does not include assuming you will take them for free. He can't then "count" that as time you have contact

But it is not the sort of wrangle you want to get into, 'cos it makes it look like you are putting a price on time with the kids.

He says his parents will pay for him for have a really good solicitor.

I on the other hand have no money, he's already put forward evidence that I have an addiction to spending money (well it may be true but I'm not that bad) and I'm verging on homeless. Oh, and can't get a legal aid solicitor.

It doesn't look good does it?

Sounds bad!!

If I was you I would bite my toungue...give up work and get a legal aid solicitor!! simple.

At the end of the day you are fighting for your kids....sometimes big changes are the best. The little ones. The system is shit in this country and sometimes it may be worth playing it the way other do.

Just a thought...

I spose... I love my job though

And it's not that I can't get a legal aid solicitor, there isn't one!

How much money does your h earn? Do you or he have savings and/or a pension?
All this is relevant to what will happen on divorce. The court could easily order him to continue paying the mortgage while you live there with the children.
And when you say there isn't a legal aid solicitor, what exactly do you mean? Do you mean locally? Wherabouts in the country are you (you don't have to be totally specific!). You do need proper legal advice though. Why not start with a visit to your local citizen's advice, which will give you some advice and also help re a solicitor. Also, most solicitors will give you one free 30-minute appointment to give advice.
Don't worry - you WILL NOT LOSE YOUR CHILDREN! Children are never taken from their mother who is their main carer. It doesn't happen. He is just trying to scare you. And you are not 'verging on homelessness'!

he doesn't earn enough to pay all the mortgage, his earnings aren't even double it, he has no savings pensions anything.

there's two legal aid solicitors locally, one is full the other we owe money to which h won't pay. None have a free initial consultation.

I was planning on visiting the council tomorrow for advice on alternative housing, this is a good idea isn't it?

Yes, do that, but also see citizens advice. YOu need legal help for your divorce.