My daughter has been staying with her father for 4 years,he has a court order to pay child support.He is taking me to court for custody of her.I recently moved into a larger home with my boyfriend so I have room now.The new wife he has has smacked her in the face twice and threw her out (12 years old)also she has a mentally challenged son who has fondalded my daughter.These incedeces were never filled in a police report.I want her back here with me. Do I have good cause, I'm not an unfit mother at the time I thought she was better of with her dad because I had lost my job and lived in a small one bedroom apartment.Please help. Thanks

If she is being abused where she is and you have proof, then she is better out of there. Why does her father let this continue ? Does he not realize what is going on? I would get her out of there immediately. I do think you have good cause.

That's it I don't have any proof but what my daughter tells

Your daughter should be old enough to be heard by the court. I don't know if they do mediation in your state, but here they do and the mediators speak with the children (over a certain age but she would definitely be old enough here).

Here is another thought, try to get your daughter into counseling (in some states if you have joint custody the counselor will require dads permission), someone who specializes in children of course but who is also a child custody expert. They might be able to help prove your point in court. They can make recommendations to the court (which a lot of judges really like, helps them to not have to make the decision when they can look to a professionals opinion) They can be invaluable in helping your child have a say in court. You should be able to obtain a list of court approved child custody experts from a lawyer as well as the Court itself that you can get in touch with.

So maybe with those two together your daughter can have a voice.