The courts would consider, yes.

But I wouldn’t be telling a child that she “can” do something if you don’t know for sure if she can. Does the other parent on board or does he object to it?

In cases when one parent has full custody (not just physical custody) I do not believe that non-custodial parent should be telling children that it’s up to them and they can do something about situation that has not been discussed with custodial parent. I don’t believe it’s right. I dont think it’s a nice gesture, I think it’s irresponsible gesture.

I also wouldn’t tell her to live with you until you are on your own in subsidized housing place. I don’t believe it’s a healthy environment for 16 year to live with your mother, taking in consideration your mother abusing you physically hitting you and such.