Can i take custody of my daughter?

Any divorce decree, and any child custody decree, can always be reopened. Chances of success vary, but one can always try.

crime for the other parent to take your child from you if you have physical custody.

That's an interesting observation in this situation, as it doesn't sound like the facts reflect that scenario at all.

According to the law there are two parameters the first is who according to social calibration can take better care of the child and the other is with whom the child wants to stay

There are many more factors that just those two.

And a child's choice is given varying degrees of weight, depending on the age and maturity of the child, and the circumstances of the case. For example, many children would like to stay with the parent that does not make them do chores, or who does not have a curfew, or who buys them the most/best presents, but that does not mean it is in the best interests of the child to be placed primarily with that parent.