Modification of Custody: Fighting to Retain Joint Custody

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Quoting glurf

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.

The recommendation will be preceded by findings offered in support of the recommendation. Your husband will want to discuss those findings with his lawyer.

Quote:

Quoting glurf

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.

Your husband can discuss with his lawyer whether or not a judge might be convinced that the minor's wish to reside with her mother is not sincere, and that it was the result of manipulation. There can be a cost to making such an argument in the absence of evidence that would support the accusation.

Quote:

Quoting glurf

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).

Is it "coaching" and "manipulation", or is it because mom is "more lenient"?

Quote:

Quoting glurf

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.

Apparently the evaluator regards those issues as having been adequately addressed and resolved. The evaluator has the full facts, whereas we don't, so we're not in a good position to comment.

Quote:

Quoting glurf

My stepdaughter now says she would prefer 50-50 custody with a week on and a week off.

She "now says" as in, after you and your husband talked to her, or is that what she told the evaluator she wants? You do realize that if your husband comes to court announcing for the first time what the child "now says", his ex- and her lawyer are likely to start talking about "extensive coaching, manipulation, and/or lies"?

You didn't mention anything about the school issue, beyond noting the disagreement. Is it relevant at this point?

What outcome is your husband hoping to accomplish?