Fighting to Retain Joint Custody

My question involves a child custody case from the State of: PA

My husband and I have had joint custody of his 14-year-old daughter for the past 7 years (and had her every weekend prior to that since her birth). She will be entering high school this year, and a dispute arose about whether she will attend public or Catholic school. Her mother, who has remarried and has 3 additional children, decided to file for sole custody. We have been told by our lawyer and other parties that our county favors joint custody and that it is difficult to change a longstanding order without a substantial reason. However, we just heard that the CCES (court evaluation) report recommends primary custody for the mother, despite a documented history of verbal and in one case physical abuse, in her care. The child's two therapists (her mom yanked her out of the first after she filed the mandated report of physical abuse) and the child herself admitted to this. To say we are shocked by the recommendation is an understatement. We know that my stepdaughter told the court evaluator that she wanted to live with her mother and not us, because she was the victim of extensive coaching, manipulation, and lies at her mother's hands and was with her the five days prior to the interview. (Meanwhile, the last time we saw her we were making her buckle down and study for exams). I realize evaluators take the child's preference into consideration but her only reason for wanting to live with her mother is that she is on "her side" about the high school and not as "bossy" as us (because we have rules at our house, for instance, requiring to speak to a friend's parents before allowing her to spend the day or night over there, while her mother is much more lenient). I thought these professionals were trained to see through that and moreover, I consider that a pretty flimsy reason to remove a child from her father's loving care at age 14 and place her with a documented and admitted abuser. Is this normal? (I will note that I suspect possible bias because the evaluator has worked closely with the therapist of my husband's ex for years--we brought this up to him at the beginning of the evaluation.) And do we have any recourse? My stepdaughter now says she would prefer 50-50 custody with a week on and a week off.

You and your husband never had joint custody. Never.

Sorry, I don't think I understand you. We have a court order specifying that we have had joint custody for the past 7 years.

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Quoting glurf

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Sorry, I don't think I understand you. We have a court order specifying that we have had joint custody for the past 7 years.

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So, the court order lists your name along with your husband's stating that you and he together have joint custody with mom?

Wow, okay, no, I was just speaking for both of us since we share a house and life and have jointly raised her since she was 1. Is there always this much hostility to step-parents on this forum? Perhaps I should find another where people don't decide to kick you when you're down.

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Quoting glurf

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Wow, okay, no, I was just speaking for both of us since we share a house and life and have jointly raised her since she was 1. Is there always this much hostility to step-parents on this forum? Perhaps I should find another where people don't decide to kick you when you're down.

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You are not a legal party to this matter, and if you insert yourself as one, you will serve to cause the actual legal party many problems.

Repeat after me: There is no we. There is no we. There is no we.

I'm not attempting to insert myself, I'd just like some kind of response to my actual questions.

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Quoting glurf

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I'm not attempting to insert myself, I'd just like some kind of response to my actual questions.

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The correct legal response at this time is this: This is between mom, dad and the courts. If dad does not like the way a situation is being handled, he has every right to deal with it using the court. Since mom and dad can't come to a positive conclusion, the court will decide for THEM.

I understand that, and my husband is pursuing that route. But having never been through this before, I was interested to know whether such a report is normal or if this speaks to bias or something else wrong, and what, if any, recourse there is. I can't understand how a professional could recommend altering a longstanding custody order in order to advise the abuser be granted sole custody of the child. Something really seems amiss. Is there any legal way to challenge the report?

What is your definition of abuse?
Just because she was with mom for the 5 days prior to the interview, how do you know she was coached? Would it be safe to then assume that if she were with you 5 days prior then you and dad would have coached her (of course not, that's reserved for mom)?
Did she tell the evaluator that the only reasons she wanted to live with mom is because she's not bossy and is on her side about high school? How do you know that was said?
What gives you the impression that mom having sole physical custody (which I believe is what you're talking about) removes her from dad's "loving care?"

Your stepdaughter now says she would prefer 50-50, which I'm guessing she decided after she had a chance to talk to her father and stepmother. Was she coached? That's a pretty drastic change in position for someone who doesn't like rules.