I agreed for my case to be heard by magistrate. I am not happy with him and prefer the judge I saw before agreeing .

Asked about 1 year ago - Fort Pierce, FL

I have been in a custody battle with my ex for sometime. We had a judge assigned who I really like. I received a letter in the mail referring me to magistrate and did not object. However, after going in front of the magistrate, I do not like him at all. Is there a motion, petition, or request I can make to have my case go back to the judge it started with? We will have another court date soon and I do not want to go in front of the magistrate again but would rather see the Judge that first heard my case and seemed to understand my case better.

Attorney answers (4)

  1. Omar Carmona-Sanchez

    Pro

    Contributor Level 11

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    Lawyers agree

    Answered . You must consult with a family attorney at once. You can file an objection to the magistrate's recommendation but you must do it within 10 days of the magistrate signature. Good luck.

    This is a general response to a general inquiry and is not intended to for any type of relationship, including but... more
  2. Christina Andrea Mckinnon

    Contributor Level 5

    3

    Lawyers agree

    Answered . First, I hope you have an attorney who can navigate through the procedural issue of filing Exceptions to the GM Report per the Court Rules. A transcript of the proceedings must also be delivered to the Judge & opposing side. The Exceptions must be filed within 10 days for a hearing to be scheduled with the Judge.

  3. Joseph Gufford III

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . It really depends on the wording of the order of the referal to magistrate. If it is like most that I have seen entered in St. Lucie County in the past, "all post-judgment matters are hereby referred to the General Magistrate". Thus, if you failed to object in a timely manner, you may be stuck with your case being heard by the Magistrate. If some other wording was used, you may be able to object to future/other matters being heard by the Magistrate

    This response is to an unknown person and is for general information purposes only. Under the terms of AVVO... more
  4. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . I agree with my colleagues - it sounds like it is time you get an attorney involved. Especially if the GM filed a report and recommendation already.

    You should consult an attorney for advice regarding your individual situation since every case is different and... more

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