What is my first step?

There are many questions that you have left unanswered. The biggest one is whether you are now or were ever married to your daughter's father. You need to consult an attorney at once. Call legal services to see if you qualify for help with this.

If you were never married, he does not have any rights to visitation or custody. He is known as "putative" or potential father. He would have to retain an attorney and determine through court proceedings that he is in fact the child's biological father. Until such time as he does this, no court or law enforcement agency will recognize him as the child's father. Stop talking to him and do not let your child go with him until a court orders you to do so. If you were married, you need to retain an attorney immediately and file for divorce and ask for a temporary custody hearing. Visitation and child support will also be addressed at that temporary hearing. Without that order, a husband may pick up the child from school or a baby sitter at any time. In either case, take the child to the doctor and have her checked out. If the smoking is causing her medical issues, you will want to establish that through a medical examination with her pediatrician. Do not wait 6 months after the effects of the smoking have dissipated, or it will not show any demonstrable effect.