My wife’s 14 year daughter is interested in living with her mother (non-custodial parent), but is concerned about the court's interest of her testimony. She is observing the lack of parental guidance her biological father (custodial parent) demonstrates by allowing her personal freedom to do as she chooses. Over the past year, she has admitted to performing poorly in academics and engaging in unacceptable behavior to earn attention from her biological father for love.
My question is will the Berks County court of PA consider testimony from my step daughter in collaboration with a modification request from my wife (non-custodial parent) before concluding a disposition for custodial rights? I have read mixed review on reactions of the court and the reluctance of a mediator to modify custody of an agreement unless evidence of mental / physical abuse is present.
Will the court allow evidence of physical abuse if the charges are pending a hearing in 07? The custodial parent has two counts of felony charges for assault followed by a history of dismissed assault charges dating back to the first year of custody. According to legal advice, this information is inadmissible until the custodial parent is charged.
Will the court allow testimony of sexual abuse if evidence is unfound and prior testimony by the victim is documented as false? Over the past holiday, the break the stepdaughter renounced her position and informed us that she denied the claim because of her fear of the custodial parent. The original claim is based on personal testimony from the child, but new evidence (a blog and IM thread) further supports the possibility of abuse.
Concerned Step Father