How do I request a different Judge?

Asked about 3 years ago - Salem, OR

The judge my son's mother and I are about to see is the same Judge we had back in 2010 for our original custody case. During that case I had photographic proof that my son's mother took my son out of state with out permission from me or the courts in the middle of the custody case which the judge never looked at. Now we are going back to the same judge for contempt of court on the custody. After the 2010 court issue I had found out that the judge was friends with her lawyer but also owns the school my son attends. So I feel that this judge can not nor will form an objective opinion. I also feel that there is a conflict of interest in this case and the proof that I have the judge will not listen to the evidence on the case.

Additional information

From what I have found out about this judge she is what is called a mommy judge. No matter how much proof any man has on a woman the judge will not listen to it. My son is already attending the school that the judge owns. And now my son's mother has stated to me that I am not only to pay child support but also pay for a phone in order for me to call my son. By doing this I would be paying for her to not only for her to not answer the phone but a phone that she can use in her personal life at her own free will.

Attorney answers (1)

  1. Lake James H Perriguey

    Contributor Level 11

    Answered . A motion asking the judge to recuse himself or herself is used when the judge can be shown to be biased or have a personal stake in the outcome of the case. Dissatisfaction with a judge's previous ruling is not grounds for a new judge. There may be conflict, and grounds for disqualification, if it can be alleged and shown that the underlying custody case involves the school a child will attend, or which parent will decide the school, and the judge owns one of the potential schools, and the judge may have a financial consequence based on the outcome of the case that he/she is deciding.

    This response should not be relied upon as advice. Communication in this forum does not create an attorney client... more

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