Hi, I have a 8y/o daughther... I had been on an on and off relationship with her father through her younger years till february of 2004... In 2003 he filed for custody of my daughther to manipulate & punish me for leaving him... I said yes and he droped the case before our trial date... as I said before we broke up definately a year and 1/2 ago... three months ago I decided to file for child custody to stablish my rights as the parent who's been there for my child for the 95% of the time.. he sees her every two weekends from friday at 7pm till sunday at 7pm technically that's two days.. and someweekends when it is his weekend he does'nt even pick her up.. he will call me at the last minute and ask me if I can keep my daughter for that weekend because he has something to do.. and he waits two more weeks to pick her up again.. almost forgot he does'nt even call her at all! she is the one that calls him and he never picks up... When he has my girl she is happy to see him.. she loves him and she doesn't understand his actions and honestly I prefer it that way since I don't want her to be heartbroken... but it hurts me when he does'nt show up or he is always late to pick her up... He pays child support through the state. they garnish his check... as I said before I filed for cc.. and when we appeared infront of the court referee. he said he wanted custody too... so oh well we have an ongoing battle.. everytime I call him to help out with the upbringing of our daughter especially when she is not in her best behaviour, instead of working as a team for our daughters benefit he shows no importance to the matter and becomes conflictive.. for example starts to treaten me with physical retaliation towards me... or will say that she is behaving bad with me and not with him that why should he say something and why am I calling him to tell him this.. in his own words "if you can't handle the baby give her to me" like my daughter is a piece of furniture or so.. He is vengative and selfish and all he want's is to have my daughther to feel like he can control me... I am going to court monday the 20th of june... my girl is coming with me.. she says she loves us both and want's things to remain the way they are... she lives with me and visits him every other week... please give me advice as to what should I do and say in court... another thing I am not working at the moment.. yet I study at home and I started selling MaryKay... plus I have a three bedroom apt and I rent the rest of the rooms which help me alot with rent and food.. I don't take public assistant.. I am very independent.. Although I can't pay a lawyer or even afford advice, please help with all the advice I can get.. thank you... Of call me at 917-376-7146

Contact Legal Services or Legal Aid, or a local or state bar association to see if an attorney can take your case pro bono.
I think it best if you have counsel. I am not sure about renting a room out in your apartment with your child living there. Basically, it sounds like you are a good, responsible parent and if you can reiterate that he does not come to see the child, makes excuses and that the child prefers things as they are and you believe the current arrangement ot be in the child's best interest and developmental well-being, that is all I can think of.