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

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.

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Attorney answers 4

Posted

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 not limited to an attorney client relationship.

Posted

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.

Posted

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 not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Posted

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 policies, an attorney/client relationship is not formed by the answering of questions posted on a public portal. The attorney answering these questions may or may not have an attorney-client relationship with the opposing party. Other conflicts may exist with the person asking the question. A conflict check must be performed in order for the attorney to determine ifa conflict exists under the Rules Regulating the Florida Bar should the questioner desire to use the attorney's services.

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