Using a Website as Proof towards Sole Custody?

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Jilted

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My daughter's father and I were never married. There is no court ordered custody or visitation. He has only ever seen her once (the day she as born), after threatening me with kidnapping her from the hospital. This is on record with the hospital, by the way. She is almost 5 years old now, and he owes me court ordered child support. Before I go after him for that, I want to go for sole custody of my daughter.

I found him on MySpace, by typing in his name, and our state. I also re-affirmed that it was his profile, by looking at his friend list. (The first friend was his new baby's mom, with the full name of her child in the pictures section.) She also is not with him and has confirmed it is his account that I found. The profile is full of references to his drug use, from what he typed in, to the background image...

Here's the question: If I go for sole custody, can I use this as part of my reason that I want sole custody? I haven't had any kind of contact (e-mail, phone, mail or physical) with him since my daughter was born almost 5 years ago, but I'm worried that once Child Support Enforcement catches up with him, he will want visitation/joint custody. I know the two are seperate issues in the court's eyes, but he's the kind who will try everything possible to make my life difficult.

Thanks for the help in advance!
 
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