Because apparently I have to make compromises some how and she is also his daughter. At that point I was so relieved that I had custody of her that her name was just small apples so I didn't really put up that much of a fight. I straight up refused to have it be only his last name and my last name is very last so I can just pretend his is a non-existent middle name and never use it.
So went to court (which lasted almost all day). Came out with sole custody, she doesn't have to visit him out of state and he can only see her one weekend a month but he has to bring her home because he isn't allowed overnight visits. Only thing that ***** is that her last name is being changed to his - mine. Ugh. But its a small blow in the scheme of things. :)
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