Her grandmother is dieing and dad is in legal trouble can he give me physical custody
Yes that is possible, however, you will want an attorney to draft this so it is legal.
Yes he can if you agree, but it won't be official unless and until the proper paperwork is done. You need to hire a lawyer for that because there is no way you will be able to do the order and stipulation properly in a way that will hold up if he changes his mind.
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