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Good afternoon. If there is abuse and evidence to support it, the police need to be called and a report needs to be filed and child services need to be contacted as well, to perform a wellness check. You should NOT wait to go get her and should take action now, since she remains at risk, every day she is there, until in your possession. Then, once she is with you, a motion/petition needs to be filed with the court, to modify custody and have the child remain with your and your husband, as a direct result of the abuse. Since there is evidence to support it, the Judge should order it, since they need to act in the best interest of the child and do not want to subject them to such abuse.
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