Legal Question in Family Law in Massachusetts

The court determines custody based on what is in the best interest of the child. Custody orders can be modified if there is a substantial change in circumstances. In order for you to be awarded physical custody, you would need to show the court that it is in your daughter's best interest to live with you now and that circumstances have changed because, for example, she is now in a full-day program (or whatever). Assuming you have been involved in your daughter's life and you have been helping to support her, it does not sound like you "abandoned" her. It sounds like you made a choice that was in her best interest at the time and that may or may not be in her best interest now. However, you do not say where her father lives. If he is not in Massachusetts or if he lives far away, it will be more difficult to show the court that it is in your daughter's best interest to have a major change made in her life that may take her away from the parent she has been living with for 17 months. If you live close to each other, you may want to consider a shared parenting plan.