It would make sense if Thomas sued at least for some kind of custodial rights. They don’t seem to have a legal document between them that outlines what rights either of them have. It just seems to be up to however Hope feels at the time, and that isn’t how it ought to work. Even if she continued to have residential custody, Thomas should be able to count on when and where he can see Douglas and Douglas should be able to count on the same thing.
BTW, if Lope intend to use the whole, “He wanted Douglas to keep something a secret!” line as the final straw, they better be prepared to have it thrown back at them because they were in on the whole “Don’t tell anyone about Santa kissing Grandma on NYE,” as a lot of people know about that one, too. In fact, unless Brooke, Hope, Liam, Steffy etc. are all willing to perjure themselves, they’d have to admit that happened. Heck, even if all the adults refused to admit that, would Douglas not tell the truth about it?
For that matter, if the Lope and Thomas start squabbling about who gets physical custody of Douglas, if the social worker (and there should be a social worker) assigned to the case asks Douglas where he would rather live, might Douglas surprise all of them and say not with Lope or Thomas—but with Sinn? I"m not advocating that, as I don’t think Sinn need the added responsibility right now, but it would fit in with Douglas suddenly being mentioned as being so interested in playdates at the Cliff House with Kelly, when that’s never been the case before. I’m not suggesting Douglas would necessarily say that is where he would want to live permanently either—but that while Lope and Thomas are duking it out, he just wants to be somewhere more neutral, and the one person who supported his telling the truth about NYE and the CPS call, the person he felt comfortable telling about the CPS call, was Steffy. Either that, or he could be sent to NYC to spend some time with his maternal grandmothers (which, depending on how much time off the little boy who plays Douglas might need, since he apparently has other projects in the works, might cover his absence while Lope and Thomas are going at it).
Oh, yeah, one other thing—Thomas could also argue that Hope used his feelings for her to get him to sign those papers in the first place, after her mother’s little scheme to get adoption papers signed and filed didn’t work. Then, as soon as the papers were signed, she wanted to grab Douglas and run, and in fact did that, after seeing him fall into a vat from a catwalk, without bothering to tell anyone about that. Not even after she found out the vat was filled with acid–which Charlie could testify he told her. Realistically, however, even with a vat filled with water, falling from that height, he could easily have been knocked unconscious by the fall and drowned. Or broken his neck and died. That would make it look as if Hope simply wanted him to believe she was interested in being a “family” with Douglas in order to get him to sign the papers. What answer would Hope have—or would Brooke have—if they were pressed on why Hope didn’t even try to get Thomas help that night? If he also mentioned the whole business on Halloween, where she was clearly acting more cozy with him than she felt for the same reason, it would make it look as if she were just looking for a way to get Douglas for herself, and she was playing Thomas to do it (and didn’t mind if he died in the process, given the whole vat debacle). And what’s Hope going to do? Lie to the judge? Also, so far as I remember, Liam doesn’t know anything about her tactics on Halloween because she didn’t want him to know. Of course, Lope aren’t as “stable” a couple as they like to make out that they are either, and Thomas can testify to that as well—and can point out that he’s the one who helped clear up Hayes’ paternity and get Liam and Bill out of jail, even though it did not serve him well to do either things if all he really wanted was to use Douglas to get to Hope, which I’m sure Lope will argue is the case.
Finally, if Hope tries to argue that she was always only looking to protect Douglas from Thomas, wouldn’t any decent lawyer Thomas hired (and he could afford to hire a good lawyer) ask why, if protecting Douglas was her main goal, she didn’t report the danger she thought his father represented to Douglas to the CPS? Didn’t she know that Douglas had plenty of family who could have taken temporary or permanent custody (if need be) of Douglas? Why did she do what she did instead? Was her motive about what was best for Douglas or what she wanted? What was best for her? Or maybe revenge because Thomas was briefly involved in (more briefly than most, at any rate) the whole Phoebeth mess? He kept her from Beth, so she was going to keep him from Douglas? Was Douglas her whole motive for marrying Thomas if that was the only way she could have him? Oh, and did she consult with her husband before trying to get custody of Douglas originally? Because unless Liam is willing to lie about that, he’s going to way he wasn’t in favor of it. If Lope want to portray Thomas as a mentally unstable user of Douglas for his own means, he could throw the whole thing back at Hope, and argue she was, and is, totally into being Douglas’ “Mommy Hope” because it feeds some need in her.
But that’s logical, and when it comes to his precious Hope, Bell doesn’t always allow for logic.