Change of Venue and Recusing a Judge

My question involves a child custody case from the State of: Florida

I was found guilty of a domestic battery 1M in a trial with a a judge and jury in Florida. While incarcerated for the four months my ex girl friend served me papers that says she wants to move our daughter out of state, for the 3rd time and giving me almost no rights in regards to shared custody. I was the petitioner in Florida in another county that I still reside in. My question is two fold; first I do not want the judge who help convict me of something I did not do to be reside over this case as well. He would not let my defense prove my innocence by keeping out key factors and events leading up to reason I was arrested. He was rude, biased and unprofessional in over seeing my criminal case. I would like him recused from the case as I feel he is not in the best position to hear what is best for our daughter. Secondly since this case is already been in front of a judge and a mediation agreement is in place that is less than 2 years old, shouldn't I have that court hear this request for a move of our daughter to another state? Thank you.

You indicate that your girlfriend filed in a different county than where the earlier custody order was issued, but you have chosen not to tell us why your ex-girlfriend has petitioned in a different county, what grounds she has asserted for the change of venue, or what your response has been to the court (if any) on her petition to change venue. If all of you now live in the same county, and she filed in that county as opposed to the one where you formerly lived, that may well be enough - but you haven't shared any relevant facts.

You also suggest that a County Court judge, the judge who would normally hear a misdemeanor criminal case, would for some reason be presiding over a family law matter in Circuit Court. One way or another, having lost a trial before a judge is not a basis to have the judge removed from a subsequent proceeding.

Your gripes about your criminal trial being duly noted, if you don't like the outcome you need to be discussing an appeal with your lawyer.

Thank you for your reply. I am still residing in original county that I first filed in 2008 and the county that we agreed with a mediator on time sharing in 2012. The original custody dispute started in county 1 where we all resided in 2008. She went to Alabama in 2009 and filed custody/time sharing and in Alabama and that Judge told her she needed to keep case in county 1 and that she can't just move and file another case in another venue. Which is what she has done now in county 2 ignored original county and filed under the pretense that her and minor child reside in county 2 which should be the court to hear this argument. In regards to the UJCCEA I feel that she should have at least a UJCCEA hearing to change courts or simply just filed her motion for relocation in county 1. Now while she resides in county 2 and I was incarcerated in county 2 her filing states that is reason for this change of county. My question is basically according to Judge in Alabama she can't file in another county every time she wants to move minor child. I would like minor child to remain in Florida per our mediated agreement less than two years ago. She is in same school and in the best interest of minor child both parents should have time sharing in our state of residence as agreed on in county 1 mediation.

In regards to criminal case. Lesson learned it is a misdemeanor and I do not need negativity in my life going back into courts with this. I will not let it happen again and appealing would open old wounds from April 2013 that best be left healing. Thank you for you reply on that as well. I did not mean to sound griping about it just laying out facts for the forum. Thanks!

Regarding Mom wanting to move: Florida will require both of you to state your case.

Whether or not she'll be allowed to relocate, we don't know. But based purely on what you've said, the move will likely be approved.

http://www.leg.state.fl.us/Statutes/...061.13001.html

Let me add I have caught her mother working in strip club, prostituting, adulterous relationships with her bosses who are both married. Her last two relationships were with her employers both bosses. I have her admitting on video that she knew was being recorded that she was having sex for money. Also picture proof drug use and she was turned in for welfare fraud. But she always seems to escape any charges so far. The minor child needs both parents. Why would I loose a chance to be in minor childs life? With her mothers poor decision making I must be part of this childs life, period. America is a mess, fathers that want to be in kids life cant and fathers that do not care or try walk around making more fatherless kids. Travesty is the word to use here. Travesty.

So what happened when you reported the prostitution to the police?

What happened when you got child services involved?

I turned in pictures of her doing drugs and drugs on her kitchen counters, sex toys under her bed and condoms in night stand in room she shared with minor child to DCF. They never got back to me and ignored all my calls. She reported no income to DCF for food stamps and welfare and wrote a letter stating she was her father and that he helped her pay rent and electric. I told DCF fraud department that not only was she working a full time job under table a as a stripper, she was getting money for sex from various men and I had a few names of the customers as well. I heard nothing back and today she gets food stamps and welfare still. When I told police about prostitution if not in the act of committing a a crime that can not do anything. So nothing gets done when not only me but others turned her in.

Sex toys = not illegal
Condoms = not illegal
Pictures = well, you have to prove that they actually show Mom doing drugs. Like a needle in the arm, versus an odd-looking cigarette.

It sounds like you don't actually have any reliable evidence.

yes you are right. I should just not go to court and walk away from daughter better yet I will sign my parental rights away and move on. NOT going to happen. I will get a guardian ad litem assigned to this let them bring the proof to the judge. She is just a mother wanting to remove a good father from a childs life because she is a sociopath that chases money and men. This move will allow her with out anyone to over see the minor child the worng way to live and be aproductive mentally healthy person in society. Right too Nothing illegal with sex toys and condoms but in the childs room? Please... but thank you for replying I will not give up on this child.

Dude, you picked her. We didn't.

You both have criminal histories, yes? Remember that when you fling mud at someone, your own hands will be dirty.

You blame the courts, you blame society, you blame Mom...that's not productive. You've got to own your part in this.