Attorney Hoffman is correct. You need to seek an attorney and file a motion to modify the parenting based on a change in circumstances. You should act promptly rather than wait. You should bring to the consultation copies of the current custody order, the current child support order, anything on past due support as well as any documentation you can print off line on father's current situation. You should be ready to discuss the current custody order and why custody went to father, what your contact has been with your daughter and any possible issues that may be raised.
Good luck and get that consultation. It is well worth the information and guidance. I also recommend that you seriously consider having counsel represent you in the parenting action, especially if there are circumstances that negatively impact your being designated the residential parent and if Father has family that may step forward to try and gain custody.
You should retain an attorney and file for custody based on change of circumstances. Sometimes if someone with support arrearages files for custody it can look as though they are trying to avoid support but in your case your daughter needs a caregiver and your ex will not be able to do that from jail.
For informational purposes only; not intended to, and does not, constitute legal advice or a legal opinion.
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