His name is on the birth cert. and he pays child support, but since they moved he sees her a very little amount, a couple hours a month, and since they split he has only had her overnight about 10 times.
So if something happened to the mother, would he automatically get custody of his daughter? She ( his daughter ) stays with her grandparents ( her mothers parents ) as much as she stays with her mother, because they babysit her a lot and live just down the road from her, they have her overnight a couple times a week. So where she is more used to the grandparents than the father would a judge give custody to the grandparents?