Custody/Residency- help!

[lililove]

My four year old son has lived with my parents for the last 18mths whilst I re-located and found a suitable home (I was twice housed in properties which were damp and so deemed this unsuitable to move my son). My son has stayed with his father for 3 nights a week. I have now found a suitable house and have taken my son back to live with me. I am still happy for my son to see his father at weekends and school holidays. My ex is now taking me to court to obtain a residency order claiming that our child has lived with him for 2yrs (eventhough his dentist/nursery eyc is registered at my parents). Has anyone had any experience in this or any advice they can give at all as waiting to go to court is driving me crazy!.
Thanks in advance

[JustSia]

Why do your parents not testify on your behalf? After all if they confirm the arrangements for the last 2 years he wouldn't have a leg to stand on.

[lililove]

Hopfully that is what will happen when we go to court. We've had to get statements from neighbours etc

[JustSia]

I wouldn't worry about it then. As long as you can show that you were a constant in your child's life through out the last 2 years despite you two not living together you should be ok. Make sure though you have a letter from your GP/Health Visitor confirming that your previous living arrangements were a health risk to your child. The Court has to see that there was a good reason for you 2 not living together (letter from doctors) and that you have since found a suitable home. Ring your Health Visitor get her/him to visit your new home and just see if she/he approves it. If your HV was involved with you through out the last 2 years get her/his full statement also.

The Court is there to act in child's interest. And if you can demonstrate you have acted in his best interests in the last 2 years and are now capable of providing a safe, healthy and loving home to him then I can't see them separating a child from his mother unnecessary once again.

All the best and remember you'll be fine.

S.

[RavenD]

If you were married than he has alot more rights than if you were never married. I think this is roughly how the law works but I'm not to sure.