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Can a Judge be recused if he/she is presiding over two cases, one for a mother and another for a father, over one child?

Grand Prairie, TX |

The mother of said child filed to hold the father in contempt for violating the child custody order set out in their divorce proceedings. Three hours after the mother filed to hold the father in contempt, the father's lawyer filed to modify custody and remove the child from the mothers care. The Judge set the mothers case for late April, but took the fathers case within 2 hours of it being filed with the clerk.

The Judge has presided over a case for this family in September. Now this Judge is presiding over two cases and has shown a bias against the mother by removing the child from her care based on an affidavit that was not shown to be fact, only hearsay. The Judge did not allow the mother to present evidence in her favor and refused to let the mother speak freely. No, I am not the mother, I am a concerned friend. Edit: Yes, the judge did end up recusing herself. She ended up being extremely bias and could not keep her mouth shut.

Attorney Answers 3

Posted

The facts you've outlined don't sound like they would result in recusal of the judge.

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Posted

Short answer, no that does not sound like a ground for recusal under TRCP Rule 18. I don't know what it means by the Judge "took" the fathers case within 2 hours. It sounds like the father requested a Temporary Restraining Order. I take it that you are the mother. It sounds like you are lost. You need an attorney. It isn't a punishment to set your case for April. Did the Judge even set the case or did the Coordinator or the Clerk?

This does not establish an attorney/client relationship

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Posted

Ask your lawyer to explain continuing exclusive jurisdiction and how different types of motion are set for hearing or trial. If you don't have a lawyer, HIRE ONE. These are multiple motions in the same case.

This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.

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