How to remove a Judge that made orders on my child custody case?
The Judge has consistently shown prejudice and makes orders that abuse the court's power. I can document all allegations and prove with evidence using the Judge's contradictory ruling that show a clear bias application of the best interest of a child standard and uses a double standard when making decisions based on the sex of the party. The Judge has also failed to uphold final court orders made by a different trial judge and attempted to change the order without applying the change of circumstance standard in spite of the evidence presented by Minor's counsel that proved that the other party had failed to follow the court's order and lost full custody permanently.
Recently, The Judge granted an ex-parte request for an order that changed a permanent related to legal and physical custody without a hearing or my attendance. Unfortunately, the other party filed the motion without giving me notice. The granted Ex Parte effectively change my full physical custody and practically full legal custody (I have final decision-making authority w/support from minor's counsel for full custody
3 attorney answers
There could be many reasons why you're experiencing problems with your judge. There may be a few solutions:
1. Change attorneys.
2. Wait for the judge to leave - there's so much turnover downtown that it's almost inevitable your judge will be reassigned or retire.
3. File an RFO seeking an evidentiary hearing with a few days' time estimate - you should be reassigned to a dedicated long cause judge.
4. See if opposing side wants to mediate the case or hire a retired family law judicial officer to act as a private judge.
5. Consider filing an RFO for Reconsideration or to Set Aside the Order or for a New Trial.
6. Confer with a family law appellate attorney to consider whether an appeal or writ is warranted.
I do not recommend filing a disqualification motion because if you lose, guess whose courtroom you'll still be in? That's right, your favorite judge's. You should certainly consult with an experienced family law litigator to discuss your options and to provide an objective point of view regarding your case.
Please be advised this response is being provided for informational purposes only. It is not meant or intended to be relied upon as legal advice.
It is difficult but not impossible to disqualify a judge who has become involved in a case for bias. It goes way beyond what can be determined from a couple of paragraphs on a free advice website. If you are serious about pursuing this, you will need to show specific instances of bias in the transcripts of the hearing and the the judge's actions related to making the ruling.
You also have to keep in mind what the effect will be on your case if you lose, as well as who might take over the case if you win.
Finally, there are less drastic methods for addressing a bad decision by a judge, like a motion for reconsideration, a motion for a new trial, and appeal. You also can take a close look at what you could have done better or differently to get the desired result. I advise you to talk to an experienced litigator to discuss your options for the future before trying to disqualify your judge for bias.
You need to speak with an attorney directly about these issues. He or she will need to review all of the documents and orders in your case and let you know what, if anything, you can do to improve things for you.
This response is intended to be a general statement of law, only, should not be relied upon as legal advice, and does not create an attorney-client relationship with Ms. Hoff.
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