Hi My name is Rosangela and my daughter has autism and Being I was homeless I had to give her dad custody and he hasn't applied for ssi for her and I wanted to know if I could apply even though I don't have custody of her but I do have guardianship of her and I'm in process of getting her back in court.. also would like to know if there is a chance I will get custody of her because her dad said he don't have time to take care of her cause he works and his mother wants custody and guardianship of her but I don't want to give her guardianship which is why I asked for an attorney

No one can tell you what the courts will do, is there a chance you can get custody ? Yes, you can prove you have fixed the issues of your life. You really should have an attorney. And what the father said about not having time, often will not be evidence, men and women say things they don't mean all the time, his actions is what you will need to prove as to what he is doing now with and about the child.

No if you do not have legal custody you can not file for benefits for child.

You are thinking about applying for SS for yourself - https://www.askmehelpdesk.com/family-law/can-apply-ssi-if-have-depression-anxiety-676311.html#post3172168 Would your depression and anxiety affect your ability to care for your child? That could be a problem in a custody hearing.

The Court will listen to everyone and decide what is in the best interest of the child.

In your favor - you are obviously working on your issues, staying strong, changing your life, asking good questions so you are well informed. Make sure your Attorney knows that.

(I like your screen name.)