Can I ask for a new judge if we BOTH have moved out of the area in which our case is heard, mainly cause I feel he is unfair. He has denied my request for 50/50 custody when m other moved far from kids primary school and now we both live an hour away from their school. Yes, judge thought it best they stay in that school. Then he said that kids can do hw in car when I complained of the distance they would travel if they remain at that school. I asked for summer and winter to be split 50/50 and he refused. Then, I asked for overnighters and again he refused. Then I had an attorney present with me and he still made us wait until everyone was heard even when he called all the other atty's first before those that didn't have atty's, and yet I still waited. Then the financial support was not an issue and he asked for my new paystubs and then increased the support since I made a bit more. He then said to make sure next time I came back to have real solid proof that she was an unfit mother. My argument is that I want more custody and I have proven that she's vindictive and he criticized me asking if "my feelings where hurt?" I believe he is being unfair, so do I have some options?
You need to consult with an experienced attorney In your area to determine what you can do. You did not present facts that form the basis for the Judge's denial of overnight visitation or one-half the winter break. It seems that we are missing something. I knowledgeable attorney can advise what course of action you need to take to accomplish your goals.
It depends on what you mean by 'out of the area' - if you've both moved to a different county, then you can file an RFO for Change of Venue for convenience of both parties and the minor children.
As my colleague stated we have too little information to evaluate whether your judge reasonable decisions or not. Parents often (50% of the time at least) disagree with judges' decisions and believe them unfair when they rule against them. That's the nature of the beast. Mediators generally have both parties leaving feeling equally aggrieved if the do their job right. Judges look at the facts as you presented them and the law and make decisions based upon the welfare of the children. It's clear from what you say that what you thought was "solid proof" wasn't. That's real common. Many, many times I have client come in triumphant waving documents thinking they have a smoking gun only to have me deflate them saying it is nothing. They are often right - their spouse is a cheat, deadbeat, scumbag loser who is a bad influence on the kids. Proving that to a judge is another thing.
The judge's job is not to be "fair" to you or your spouse, or to protect your feelings. The judge's job is to protect the health, safety and welfare of the children going off very little information. I don't know your judge, I don't know your facts, I don't know the parties involved. But I do know most judges try hard to protect the children and I know how emotional and (honestly) self-involved parents get with their anger and resentment toward the other parent without understanding the standards of evidence the court needs. The judge was literally telling you "try harder net time; I'm willing to be convinced."
Often judges will hold until the end cases they think will take longer to hear, or that they think will have controversial subject matter so they will clear the courtroom first. This is a good thing for you so don't resent it. It means that the judge is more willing to listen to your case as long as it takes rather than cut you off at the 20 minute limit of law and motion or case management standards. By holding you to last he is giving you more time to make your case more privately. It is a good thing.
Now, it is possible if both of you have moved out of the county where this is being heard that you can change the venue to the county where one or both of you are living now under Code Civ. Proc. 397.5 The judge has discretion to retain the case in the original county for the interest of justice (it is a "may" rather than "shall" statute). You would need a lawyer to properly make this motion. There are no guarantees such a motion would be granted or that you would get a judge any more open to your arguments, however, if you changed to a new venue.
Yes, if you have both moved out of the county, you can as the court to change venue to the new county. If you both now live in different counties from each other, proper venue would be where the child resides.
No, you don't get to change judges because you don't like his decisions.
Remember, you may not like your new judge either. There is no guarantee that moving the case to a new county will give you a judge you like.
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