anyone know about scottish family law??

sorry to be a pain, i have posted about this before a while ago but i cant sleep for worrying about it, and i thought maybe be some new people might have joined who might know about this or know someone in this situation.so here goes.....

i have a 3 yr old girl, her real dad and i have never lived together, altho were a 'couple' til she was 3 months old, i met my now husband when she was 8months old and we got married when she was 2, so he has been a major part of her life. i am now 5months preg so she will soon have a bro or sis too.

her real dad's name is on her birth certifiicate, altho she now has my married name as we changed her name officially, her real dad has no parental responsibility cause at the time she was born, being on the certificate didnt automatically give him responsibility.he sees her 2 afternoons a week, and pays towards her but here is no legal arrangement.

what i want to know is what something happened to me (i died to be specific), would she be allowed to stay with her step dad and bro/sis? her real dad says he would fight to get her, but to me, this is just upsetting her wee life, as she has never even stayed overnight at his and he has to bring her home early a lot cause she crying to get home. etc...altho i have no reason to say he treats her bad or anything.

also would my husband be able to get paretnal responsibility as her real dad has never tried to get this?

i will be phoning for legal advice on monday becasue i only today found out that her real dad would actually fight to get her, when i kind of thought he would see it best for ther to stay here...real dad's words were, "dont be stupid laura, im her dad he's not"....so its more like a possession issue i feel!!

anyone any thoughts??

sorry but i have been crying all day about this and it is my BIRTHDAY!!!