step- father and custody?

[catarratto]

my ex partner has not seen our daughter for 3 years. He gained access although I had 2 injunctions against him and he harassed me for 2 years solid. When my daughter had contact he was verbally aggressive and the police were called on occasion. He stopped appearing for access (thank god) but has suddenly phoned my daughters school saying he is going to pick her up. Unfortunately he has parental responsibility and because of this I am worried that if I die my daughter will go straight to him. He is totally unfit to care for her and she has stated she does not wish to see him because of his behavior when she has been with him. She lives with me, her brother and step dad who she is very close to and sees a lot of her grandparents. I thought about her step dad gaining PR but her bio father would never agree to this. Also, my husband said he would fight it in court but without legal aid then how could he afford it? I'm out of my mind with worry. We have been married for 3 years and together for 5. Would the courts take my daughters (Age 8), sons and husbands view into account? But again, what about legal fees? After going through the court system regarding access, I have little faith in their decision making seeing as they made me allow contact between my daughter and a horrible unsafe 'man'.