Q: My child doesn't feel safe (her words) going to her dads what can i do?

A: Assuming you and your daughter's father share joint legal and physical custody; you would petition for a modification of child custody (most superior court clerk offices have forms) in the superior court where the child resides, or if you have a parenting plan based on a prior court judgment, file the modification petition in that superior court. Once the petition is filed, the court schedules a temporary hearing (called a Rule Nisi) usually within 30 days of filing the petition. At the temporary hearing, the court establishes the parties' custodial rights until a final custody hearing is conducted at some later date (usually anywhere from 4-6 months after the temporary hearing). Note, the temporary and final hearings are bench trials (i.e. judge presides). Thus, I would highly recommend hiring an attorney who knows how to present evidence and make legal arguments based on that evidence.

However, if you decide to modify your child custody arrangement without a lawyer you will need to show: 1. there has been a material change in circumstances affecting the welfare of the child; and 2. it is in the best interests of the child for you to gain full physical and/or legal custody (stated otherwise: for the child's father to lose his joint physical and/or legal custodial rights).

If the child is being sexually and/or physically abused while in the father's care and he does nothing to protect your daughter from said abuse, I think that is a clear material change in circumstances affecting the welfare of the child. Also, you have a strong best interests argument the child should live with you based on the same abuse. However, the best interests test is multi factored and the court has wide discretion in determining what is in the best interests of the child. You will need to provide evidence of the abuse at the temporary and final hearings (i.e. texts, instant messenger, witness testimony, photos, etc.). You will likely have to provide evidence that the matter is more than a mere "he said she said" for the court to strip your daughter's father of his custodial rights, which courts do not do lightly. Also, note that courts usually do not allow the child to testify. Thus, unless you have eyewitness testimony of the abuse, pictures of the abuse, and/or a medical doctor documenting the abuse, you may find it difficult to get sole custody of your daughter.