"I have an 11 month old daughter who has had 7 ear infections in the past three months. Her father and I have temporary joint and he gets her every Sunday to the next Sunday but in the past 3 months she leaves me on antibiotics for an ear infection and when he gets her she is happy. When I get her again she is irritable and in pain. I have taken her to 3 different doctors and have everything documented. This past Sunday I got my daughter back and her clothes smelled very heavily of smoke. Now she has another ear infection again and now we are faced with a visit to an ear, nose, throat dr for surgery on her ears where they are wanting to put tubes in place. Is this enough information for me to end visitation with her father? I am wanting to go to the court house and file an emergency order preventing him from taking her. Neither me or my new husband smoke or allow smoking in our house. I am afraid my child will lose her hearing. Is this enough information to be granted full custody?"

No I don't see any reason, is he not giving her the medication ? Merely smoking ( which is legal and the judge may well also smoke) will have little to do with it,
At the most, if you can get the doctor to testify in court that it is the smoke, they may be ordered not to smoke, but smoking is common

Before the temporary joint was placed, her father took her during the times I worked but there were no overnights. She never had one ear infection. It's been three months since joint went into effect and she has had one ear infection after another. I can't even enjoy my weeks with her because when I get her, she is in a lot of pain and irritable and it's always dr visits and medications. Then she is better by the time he gets her again. This concerned me enough to call CPS through DHS where they are launching an investigation and an in home visit and I was told that this whole ordeal falls under neglect for my child's well being as well as a safety issue. I do not have an attorney, nor can I afford one. I am just wondering do I have enough information to go an file some kind of emergency order preventing him from taking her? I can't just not do nothing seeing how now this week my daughter has been referred to a specialist for surgery on her ears.