The boy called his step-mother "MOM." We have no information that the boy had a preference for Eryn Thomas. Although they had joint custody, it takes a lot of negative info to have a child placed in the father's physical custody.
As a family law attorney, I can tell you that this is not necessarily true. All it takes in many cases to get custody, whether you are the father, or not, is more money than the other parent. In my experience, blowing smoke in a child's ear (an Asian remedy) and smoking around a child with lung problems is not enough to deny custody. It would be quite easy to issue an order that there be no smoking around the child. My feeling is that a huge reason they did not give mom custody was the "status quo". Mom apparently did not see the child as much as dad and the Court wanted to keep things the same as before the case. I do not know why mom did not see her child. It could be because she lived elsewhere and could not afford to travel. I have seen a few very loving parents who lose out on seeing their children as much as they would like due to financial issues. I don't know the background. Perhaps she moved because she had financial support where she went and thought the court would allow the child to go with her. That did not happen.
In California, the current law on "move away" cases states that if a custodial parent decides to move out of state and it is not found to be in the child's best interest to go, the other parent gets primary custody,
even if the custodial parent then decides NOT to move. Too late, you take the chance. The Court has to rule based on the understanding that the custodial parent is moving, no matter what the court rules as to where the child will live. So if that parent changes his or her mind when the court rules against a move, it's too late. Kid goes to the other parent. This could have happened to the mom here.
Bottom line though, if dad had better attorneys and more money to fight fror custody, he could win. The system rewards those who have the money to litigate, unfortunately.
Off topic, as far as the loyalties this child may or may not have to his step-mother, the fact that he referred to her as "mom" does nothing for me. Again, in my experience litigating in this horrible field of law, I have seen many cases where children are forced, coerced, or, if they are small enough, persuaded to call a step-parent "mom" or "dad', whether they like it or not, or understand it or not. Clearly, when you look at the interactions between the kid and the two mother figures in his life since arrest, the biological mother is there for him and it appears the step-mom has abandoned him. I don't believe she has visited him since his arrest. Does not seem unreasonable given the circumstances, I know, but the fact is, if step-mom viewed this child as her little boy, I think she would be there. Ask yourselves, if you believed your 8 year old son killed your husband, his father, in cold blood, your 8 year old, would you say, "See ya!" And cut him from your life forever? Remember The Bad Seed? The mother (I know, it's fiction, but it still seems relevant) LOVED her evil child so much. She did not want her to be gawked at as a child sociopath,to be examined and tested and written about by psychiatrists, etc., and she did not want ther locked up for life. Yet, the kid was monstrously evil. But, that's a mother. So, mom killed the child and then herself (at least she tried to). A horrible Greek tragedy and while it was not something I would advocate, I can understand why a mother would do that to protect society and spare her child from a life of incareration. She knew the child was a danger but still loved the kid so much and did what she could to resolve the situation. But to just abandon the child? Simply abandoning a little boy, no matter what he has done, does not seem to fit what mother's instinct would mandate. (Instead, I feel a mom would fight to get the child help and continue to love and try to protect him. Remember, he's not an adult). Yet, it appears stepmom may have done just that. Long story short, that speaks volumes to me as to the bond between step-mom and child.