How Do I Make Change of Judge Request in Family Law Case?
Raedwald asked:
My mother would like to request a change of judge for a family law case between her and my father (her ex-husband), and we are wondering about two things: 1) Is there is a legal form we need to fill out to do this? We haven’t found any in our research so far. 2) Is a change of venue possible for a family law case like this–when one side lives in one area and the other side in another area about fifty miles away–or does it apply only to criminal cases? I ask these questions because we believe that this judge in our former residence cannot be fair to my mother when my father is a well-known D.A. in that area who campaigned on behalf of the judge’s wife.
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My mother would like to request a change of judge for a family law case between her and my father (her ex-husband), and we are wondering about two things: 1) Is there is a legal form we need to fill out to do this? We haven’t found any in our research so far. 2) Is a change of venue possible for a family law case like this–when one side lives in one area and the other side in another area about fifty miles away–or does it apply only to criminal cases? I ask these questions because we believe that this judge in our former residence cannot be fair to my mother when my father is a well-known D.A. in that area who campaigned on behalf of the judge’s wife.
Any help would be greatly appreciated.
March 1st, 2009 at 10:07 am
Rules for disqualification or recusal of judges are not universal. It depends on what state or country you are in. In my state, in a civil case, you can get a new judge one time by paying $200 and filing out a simple form. That is not true everywhere. Change of venue is also governed by state law. The rules will be found in the rules of civil procedure for your state.
March 2nd, 2009 at 4:02 am
Your mother is going into a family law case without an attorney against a party who is an attorney (and likely to be smart enough to hire an attorney)? If she does not consult an attorney to answer these important questions, you might want to help her find a psychotherapist to determine her mental condition.
She must consult an attorney on these difficult, complex, and challenging issues. The risks involved in going forward without an attorney are significant. Don’t let her do it.