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How To Request For A New Judge

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  • 06-06-2008, 04:42 PM
    NeedHelp777
    How To Request For A New Judge
    My question involves a child custody case from the State of: Florida
    here is the situation-father and mother had children taken away from them by the State of Florida due to there constant arguing in front of children-there was never any physical abuse-both parents were ordered to take anger management classes and children were put in temporary foster care upon completion of classes, and court evaluation-couple broke up in the meantime and father moved to Alabama while mother stayed in Florida -Mother was given custody of 2 oldest children while 2 smallest children was with father's mother-the father at this time was still not allowed to visit with children until he was evaluated by the court so there was a restraining order put out-so until his next court date he has been in Alabama-by the way only one of the youngest children is the father's. Anyway the mother brought the children up to Alabama he did not know they were coming and showed up at his grandmothers home where he was residing....he didn't leave....because well if your child was crying for you regardless of what the court said would you leave. The mother said she had permission from dhr to bring them up here-he believed her -it was a pleasant visit and she left-needless to say when they went to court recently and the mother admitted that she had brought them up here without permission and it was not his fault however the court said he should have left and went somewhere else-although he does not have a car or license...I personally think he was treated unfairly-but I know human compassion and the law sometimes does not go hand in hand-the judge in this case really does not like the father-so the question is do you go about to request a new judge-another fact to this is the mother tested positive for cocaine the time before last and the father has always tested negative, but she now can see them without supervised visits-any input on this would be greatly appreciated.
  • 06-06-2008, 07:00 PM
    525601minutes
    Re: Florida Case-does Anyone Know How To Request For A New Judge?
    I do not know how to request a new judge but I am wondering what difference this will make. What specifically do you think the current judge is doing that is not allowable by law? Also, has he taken the required parenting classes?
  • 06-07-2008, 06:47 AM
    NeedHelp777
    Re: How To Request For A New Judge
    yes he has taken the required classes - the reason he wants a new judge is because his ex has a best friend that is a police officer that is kin to the judge....so you see that this could make this case a little bias-just curious but what do you think he should have done when she brought the kids up here without consent and keep in mind he didn't know she was coming until she showed up at the door
  • 06-07-2008, 07:38 AM
    Mr. Knowitall
    Re: Florida Case-does Anyone Know How To Request For A New Judge?
    Do you have a lawyer? If so, it has probably already been explained to you that not liking a judge's rulings is not a sufficient basis to have a judge removed from your case. Also, judges are allowed to have friends and relatives.

    That said, the procedure for asking a judge to remove himself from a case is the filing of a properly supported motion for recusal.
  • 06-07-2008, 09:05 AM
    525601minutes
    Re: How To Request For A New Judge
    Quote:

    Quoting NeedHelp777
    View Post
    what do you think he should have done when she brought the kids up here without consent and keep in mind he didn't know she was coming until she showed up at the door

    If I had a court order telling me I was not allowed to be near my kids and my X brought them to see me I would have told her that she was going to get me in deeper trouble than I already was and ask her to leave. I would give each hug and tell them that daddy couldn't visit just then and then I'd go into my room and cry.
    You HAVE to follow the judge's orders - even when it sucks.
  • 06-09-2008, 11:10 AM
    Xena
    Re: How To Request For A New Judge
    Quote:

    Quoting NeedHelp777
    View Post
    My question involves a child custody case from the State of: Florida
    here is the situation-father and mother had children taken away from them by the State of Florida due to there constant arguing in front of children-there was never any physical abuse-both parents were ordered to take anger management classes and children were put in temporary foster care upon completion of classes, and court evaluation-couple broke up in the meantime and father moved to Alabama while mother stayed in Florida -Mother was given custody of 2 oldest children while 2 smallest children was with father's mother-the father at this time was still not allowed to visit with children until he was evaluated by the court so there was a restraining order put out-so until his next court date he has been in Alabama-by the way only one of the youngest children is the father's. Anyway the mother brought the children up to Alabama he did not know they were coming and showed up at his grandmothers home where he was residing....he didn't leave....because well if your child was crying for you regardless of what the court said would you leave. The mother said she had permission from dhr to bring them up here-he believed her -it was a pleasant visit and she left-needless to say when they went to court recently and the mother admitted that she had brought them up here without permission and it was not his fault however the court said he should have left and went somewhere else-although he does not have a car or license...I personally think he was treated unfairly-but I know human compassion and the law sometimes does not go hand in hand-the judge in this case really does not like the father-so the question is do you go about to request a new judge-another fact to this is the mother tested positive for cocaine the time before last and the father has always tested negative, but she now can see them without supervised visits-any input on this would be greatly appreciated.

    Is the case in Florida?

    If it is, here are the links to the rules of procedure that will explain how to request a diiferent Judge:

    Florida Rules of Civil Procedure: http://phonl.com/fl_law/rules/frcp

    Florida Family Law Rules: http://phonl.com/fl_law/rules/famlawrules
  • 06-10-2008, 05:02 PM
    NeedHelp777
    Re: How To Request For A New Judge
    yes this case is in Florida
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