**** man as hard as it seems to hold back on those guys you must resist your urges. You most important thing right now is your daughter and you have to put her needs first, and its seems like she needs you. Legal action is the best way i can advise you at getting back at him and her mother. Talk to a lawyer and they will give you real advise, but you must know that without physical evidence(i.e pictures, proof of admission to guilt) you will not have much of a case.
Secondly as far as your brother goes depending on what he stole from you will have to chalk it up as a loss for a little while atleast until you get off papers. No reason to risk losing your daughter he will get whats coming to him. I would just rid myself of him and anyone like him and do as much as i can to prevent them from even being around you or yours. I majorly suggest you pray about it God can do alot for you.