Is it possible for a father to win custody of his children?
It is based upon the welfare of the children, WHERE they would be MOST STABLE and on there feelings. If your son has a more stable home, (i.e. he has a stable partner or lives with family, able to take care of kids financially, give them enough time and attention and there’s no risks as in drug smoker neighbour / thief relative for eg), if the children’s environment is safe, clean and children friendly. If the cupboards always have food, fridge stocked with child friendly food and drink, the children are consistently clean (as clean as toddlers can be – ie, no scum rings around neck, constantly dirty fingernails etc) and if their stimulation is accounted for (ie toys, garden to play or if no garden, trips to park or games with dad at home) Ensuring you can back your son saying you will provide child care and an extra pair of hands then that would make your case A LOT stronger. But I must not give you a biased opinion as the mother has a lot of rights in UK unless uprooting the kids now
The fact that the children live with your son currently will be very significant. There is a principle in English law that the court will make no order unless there is a positive benefit to the children in making it. The court would have to consider all of the issued in relation to the mother’s mental health and previous history. One thing is for sure that your son will need a good solicitor. If he isn’t entitled to legal aid then there are solicitors who will help him at highly discounted hourly rates. I would suggest he try to find a Resolution member solicitor as they are bound to work in the most non-confrontational way possible.
