Family Law Questions? Ask a Family Lawyer Online.
DearCustomer- Your husband should make a motion with the court for a change of custody. The court will listen to testimony from a 16 year old and, unless there is some compelling reason that she should not live with her father, the court will likely grant the change. In a case such as this it would not require that you actually prove the abuse since the daughter can speak for herself.
The motion must be filed in the court that granted the custody order or the court of current jurisdiction.
David Kennett - JD - Attorney at Law