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Is it in my best interest to have a judge disqualified on my hearing, if so is there a site that will help me complete a motion

Fort Walton Beach, FL |

I filed for a hearing regarding child support issues in Florida, the notice of hearing arrived today and the case is to be heard before a hearing officer. My problem is the person assigned is related to my ex-wife's attorney. I am not sure if I should let it go and continue or file a motion to disqualify. As usual I don't have the money to retain an attorney so I am trying to put together a good argument as to why this person should not be the one hearing the motion and if it's even worth it. Any advice or help would be greatly appreciated

Attorney Answers 4


  1. Only you can decide whether to file such a motion. Here is a copy of an article that will assist you:
    https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/E76978A5AA65A20585256ADB005D631E

    Best of luck to you.

    This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.


  2. If there is a true family relationship between the Hearing Officer and the attorney, and the HO cannot be objective, he/she has a duty to recuse him/herself. The fact of a family tie is not, in itself, a conflict unless the relationship is a very close one.

    This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445


  3. I agree with the other posters. Only you can decide if to file a motion to recuse. Having a familial relationship in of itself doesn't necessarily mean the HO can't be impartial.

    Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.


  4. I agree with the other posters. It is your call. That doesn't help you out much, I'm sure. However, I think that it's also worth considering specifically what the issues are in your case. Child support issues can be very statute driven and not require any subjectivity. (Or they can). So it might not matter if it's a black and white type of issue. Does that make any sense? Good luck.

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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