Infidelity, and custody question

[b]Hey, this is my first time posting so i’m not really sure if im even doing this right. But here is a little back ground, I was with my husband since my daughter was 3 years old, We moved from NC to MI, and i lived there for 5 years, we have been married for 4 years, I left him because of all the fighting and fussing and always being mad at each other, and the feeling i wasn’t good enough for him, my daughter has seen a lot of the fighting, our fights were getting so bad i was scared they were going to get physical. He adopted my daughter in 2010. So he is now legally her father. I moved back to NC, and i have been here for six months, I live with my dad, my daughter has her own room, cloths on her back, food in her tummy and is doing great in school. I have not found a job yet but i am actively looking.I do NOT want his money, i dont care if he pays child support or not. But he wants to take my daughter from me, he says that i am not a good mother because of house we are living right now. So my first question is will this affect the out come of custody? Me living with my dad? and still not able to find a job? I have been back in NC for almost 7 months and just started dating someone else, will that affect the custody?

a side note: He also wants her to live with him one year and me the next, I do not think that is ok for my daughter she is now Nine years old. I dont think it is stable to bounce her back in forth like that. thank you for any help you can give me.[/b]

You should go ahead and file for custody. The fact you live with your father likely won’t affect custody unless your father has a criminal record, and the same goes for the new boyfriend. The year-on,year-off, plan is ridiculous. I can’t imagine a judge would ever order that.

NOT AN ATTORNEY

But keep in mind you will have to go through court-ordered mediation before anything goes to trial in order to try and get things squared away before going to the expense of a trial. DO NOT agree to anything that you cannot live with. I was bullied into the situation that we have now and I regret it and so do my daughters but nothing can be done at the moment. Make sure you know what you want, what you do NOT want, what you can live with and what you can’t before signing any agreement. Good luck!!