How can a father get full custody of his daughter?

My 16 year old is being mentally abused and neglected. They force her to sleep in their walk-in closet on the floor. She is very unhappy with her mother and wants to move in with her father. However, her father lives in a different state from where she is currently located and from where the divorce happened. What are the chances of getting child custody?

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Answered By: Alfred Law Firm

He can petition the court in the county where the minor resides for custody. He can use the evidence you cited to persuade the court to grant him custody. The minor is 16, so she should be able to testify about her living conditions.

Answer Applies to: Georgia
Replied: 11/4/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Reza Athari & Associates, PLLC

By "her father" I assume you mean yourself? Your question is unclear as to where you live and where the child is. If you are not in Nevada, you need advice from an attorney in your state. If you are in Nevada, you need to apply for full custody based upon the best interests of the child. If the child is not in Nevada, there will almost certainly not be jurisdiction here to hear the case. If the child has lived in Nevada for more than 6 months, the courts here will excercise jurisdiction over her custody.

Answer Applies to: Nevada
Replied: 11/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Rayna J White

The court in these cases always look at the "best interest of the child." If it is clear that a child is being abused and neglected the court really won't hesitate to remove the child from the home, especially if the other more stable parent wants custody of her. Also, at 16 years old, if this child is saying that she is being abused and wants to go live with the other parent the court will take that into consideration. Of course, just because a child wants something doesn't mean that the court will grant it, because children usually just want what they want and not necessarily what is best for them. However, if there is clear abuse and the child wants to go live with her father then there is a very strong likelihood that he will get custody.

Answer Applies to: New York
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The McDonnell Law Firm, PLLC

That depends on the court and the argument you make. The father can certainly file a petition in Family Court for custody.

Answer Applies to: New York
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.