Daughter, age 16, disabilities, bio-dad has no contact, can she?

I have searched the message boards and can't find relative information for my situation, so if anyone has any advice I appreciate it!
I have a 16 yr old daughter, who is deaf, has sever learning disabilities (currently in 8th grade and is working on a 2nd and 3rd grade level) some mild brain damage (which caused the ld) has short term memory problems, and eye issues (she only see's out of one eye at a time, it switches back and forth even though she has 20/20 vision.
Her bio-dad hasn't had any contact with her for 7-8 yrs, none. No cards, no x-mas presents, no b-day presents, nothing. I do have a child support order and receive child support because his wages are garnished.  Neither one of us has custody through the court, my daughter was born before we got married, and she isn't mentioned in the divorce at all.  She has always lived with me.
Currently there is a restraining order in effect for her bio-dad for threatening to kill me if I took him back to court for child support.  Since he lives 500 miles away and the threat took place via the phone, there is also warrants out for his arrest if he ever comes to this state (when we broke up many moons ago I also had a restraing order, so he has a history of violence as well)
My husband (who is English) and I would very much like to move back to England next yr, but we are not sure if we could get a visa for my daughter.  Would the fact that he pays child support hurt our case?  What about the fact that he has NO contact with her at all?  Will not having a court order for custody hurt or help us?
I appreciate any advice you guys can give me. 
Belle

Let me preface this by saying I'm not in any way shape or form an expert, or even experienced in this. But, it might be worthwhile to get sole custody on paper. Otherwise you might have a hard time proving to the British authorities that you have absolute control over where she lives. I think they'll want a decree or something. Then again, I could be totally wrong. its just something that would alleviate concern.

This thread might help get you started figuring out what you need.

good luck,
Carl

I have no helpful information, but wanted to say Good luck and hope you find a way to move

x

To camoscato:
I would go to court and get court ordered custody, but I know he would do everything in his power to make sure a clause was put in there about moving to England.  He knows I married an English citizen.  His mother call frequently, and visits once a yr.  Plus he still lives with mommy lol.  So he knows what is going on in my life, and would love to make my life difficult.  That is why I was wondering if it was possible to get my daughter a visa without involving him in some way.
To MaryKate:
Thank you for the good wishes.  It now feels like we are going to need all the luck we can find to pull this move off.

I think the other thread answers everything.  Without the involvement of either the father or the courts, it will be pretty impossible.

Vicky