Of course he can take you to court over custody... He can try for full custody.

Ultimately the JUDGE will decide what is in the best interests of the children. A restraining order and having been in jail recently will.be marks against him.

You need to get a lawyer and tell the judge all about him.

Anyone can go to court anytime they like and petition for anything they want. Whether or not they'll get what they're asking for is up to the judge.

As for not wanting your kids "around that environment" - of course you do! If you didn't, you would have chosen them a better father. When you chose this loser to breed with, you knew what he was like.

If he asks to see the children, then you can say no, he will then have the right to apply for visitation rights, which will decided by a judge, you will need to provide evidence, witnesses etc. as to why you believe he should not get it.

Alternatively if he asks to see the children, if you know of a family member of yours, who you trust, you could allow him supervised visitation at a set location with that person present.

This would allow him to see his children at a time and location decided by you and you would have an independent witness on his behaviour. Plus you would not have to see him.

Keep a record of any communications you have and then if he does apply for custody or visitation rights you can show you behaved reasonably and have the evidence, if he does not.

Under the law a father has an equal right to his children, however it is unlikely they would award him joint custody at this time, straight out of jail. They are however very likely to allow him visitation rights, unless he has abused his children in the past and unless you believe he will harm them you should allow him to see them.

Yes he can go to court and ask for joint custody. If he's as bad as you indicate, the most he'll realistically get is some supervised visitation. You can certainly block calls/text and restrict him to emails only, which you only respond to if they are concerning the kids. If he's harassing you, then communication schedules are something you can include in your court case just like visitation schedules.

Talk it over with your lawyer. This isn't the sort of thing you want to do on your own.

REASON YOU ASK A LAWYER.

The laws are not identical place to place on these issues.

Both parents have rights and obligations to their children.

Courts can alter these. In your case you at this time have SOLE custody. It is possible for the other parent to ask the court to change it. THEY MIGHT. It is up to you and your lawyer to fight it.

This is not the place to get the information you need.

For a better answer it helps to say WHERE you are as in what state if the US or what country if not in the USA.

Many small details make each case unique and not appropriate to give that information on this forum.

GET SOME REAL LEGAL help. If money is an issue look for low cost law places to get started. No idea what services might be available in your area.

CHILDREN MIGHT be able to have their own lawyer in some places. This is often paid for by the state for the children's help not necessarily yours.

That parent can ask the court for this or that does not mean they always get it.

He's the father so he has a right to visitation. You are not in a position to deny it - you chose him to father not just one but two of your children. He can always file for custody and fight to get it. Whether he would succeed would depend on his record. What did he do to get put in jail? How long was he in jail? Has he been in and out of jail for many years or was it just one screw-up? Is he a danger to the kids? All I can do is suggest that if you think he is a danger to the kids, hire a lawyer and file for "supervised visitation only". If he files for custody, challenge it. Hire a lawyer and prove to the court why he should not get even shared custody. Without knowing more information, who knows whether or not he would win.

This white male senior worked thirty years in an ER treating the public and was also a shop steward who helped his predominantly female co workers through a variety of personal crises, manu of them involving situations like yours. My main thought is whether you want the children to learn what their father will teach them. I saw many women who decided that their kids needed their das who came to regret it when they started behaving like him. Ine even left her two teenaged sons at their father's and moved to Dallas without leaving a forwarding address.

He may have visitation rights, and if so that must be so. Before you give him any more you need to consider what kind of people you want them to learn from. A toiugh call for anyone, and i wish you all the luck you can get.