She 17 preg he 31 and recently homeless also has possession of our 5 year old daughter & wont give her back?

If your husband is homeless, file for custody of your daughter. The simple fact he does not have a home means getting full custody of your daughter will be extremely easy. CPS are not the right people to contact here. You need to get a lawyer and request custody of your child, which is what you should have done in the first place.