How do I request for a different judge once a judge has denied my request for a hearing for child custody?

Asked about 4 years ago - Tucson, AZ

My ex husband and I have come to an agreement of visitation, but not child custody. I have 4 jobs waiting for me in OH and I have already served my ex more than 60 days notice of my move. He did not contest, but the judge denied my request for a hearing.

Attorney answers (3)

  1. Ronee F Korbin Steiner

    Contributor Level 14

    Answered . I am not sure what is happening procedurally but to change a judge you have to never have done it and you have to do it in a timely fashion before a court enters orders on a matter of substance(not just like a motion to continue). When you file a new action in the future, file a notice of change of judge with it. I am not sure I have enough information to know if you have lost your right to do it.

  2. Ryan Hardy

    Pro

    Contributor Level 15

    Answered . To file for a change of judge, you need to follow Arizona Rule of Civil Procedure 42(f). Typically, for a judge change, it need be timely. It's unclear whether a notice of judge change would be timely based on the facts above. Typically, you simply file a Notice of Change of Judge with the court. In the filing, you need to indicate that the notice is timely, you haven't waived your right to change a judge, and that you haven't previously been granted the right to change a judge.
    You may also want to try a simple informal request to change a judge. Pursuant to the rule, a judge "MAY honor an informal request for change of judge." Though, I am curious, if Father has not contested the move, is there a reason why you still wanted the requested hearing?

  3. Sherynn J Perry

    Contributor Level 11

    Answered . It sounds as though you are attempting to modify custody and/or parenting time, and perhaps request the Court’s permission to relocate outside the state of Arizona with your child(ren). It is difficult for me to determine from your query whether this is a dissolution proceeding (an action for divorce), or a post-Decree modification proceeding. As such, I can’t adequately advise you as to your procedural options from the limited amount of information presented. Various Arizona statutes govern modification actions and requests for relocation, and each type of request often comes with its own set of procedural requirements. At certain limited times throughout the litigation process, you are entitled to request a change of Judge. I recommend that you consult with an attorney. During a consultation, an attorney can obtain the background facts and procedural history necessary to adequately inform you as to your rights and options, and can further advise you as to whether you have grounds for requesting a change of Judge at this point in the process, etc.

    The above information is not legal advice, but rather is provided as general information only and does not imply or create an attorney-client relationship. To obtain legal advice, please contact an attorney licensed in your state.

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