Initially, my husband filed for custody, a judge was assigned and the mother of his child filed for (and was granted) a change of judge. The judge she had the case changed to saw us in two custody cases which she was fine with then. The last custody agreement ended in our favor, as it was and still is, in the best interest of the child. We have recently filed again to gain full custody and have just received a letter in the mail stating that the other party has requested and is granted a change in judge. The last judge is familiar with our case and heard everything from the last case. This one is completely new and we feel it is a desperate attempt to portray herself differently. Although I'm confident in our case, I worry this new judge will not understand and for some freak reason, grant her everything she has already lost. Can we request to change judges back to our original that has heard the whole case or will they tell us absolutely not???
"Worry" about a judge is an insufficient basis to ask for a new judge. If the change occurred just within the last few days you may also seek a new judge through preemption, but you will not have the choice of the judge previously preempted. Otherwise you would have to show good cause why your new judge cannot be impartial. Even then your chosen judge will not be reassigned to your case.
This answer given for general advice and is not a legal opinion, which would require an analysis of the facts and circumstances as well as the applicable law and regulations. This communication does not create an attorney-client relationship, and no part of this communication is confidential or privileged in any way.
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