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What a terrible situation for your daughter to be in. You would have a strong case to get custody of your child -- the court will consider all factors it deems relevant in determining what is in the best interest of your child. The potential harm that could come to her in light of her mother's illegal activities and the dangerous environment to which she's exposed with mom and your stability would all be factors heavily weighing in your favor for your custody case. While the court would consider the preference of your child, her preference is not the only factor the court will consider. Your daughter may very well be hesitant to say she wants to live with you because of the consequences she fears or for fear of disappointing her mom. You may also want to consider counseling for your child.
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