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S. Joy, Legal Expert
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A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.
Forgive me, I am not yet clear on what the specific request is right now that you have of the court system (and I agree with you, if is often not a place of justice), are you trying to change custody of your youngest son?
Legally, I believe you would have to file that judicial complaint you were talking about, that everyone said could 'make things worse.' Had previously screwed parents done so, this terrible judge would possibly not be on the bench any longer. The judge will be ticked off. Big deal. Is there much more he can do to you? Your youngest is almost 18, yes? And then he can live with you 100% of the time. I know the waiting stinks, but there is a light at the end of the tunnel.
I would first order ALL transcripts of all hearings you have had with him. You need to prove his inappropriate statements and an unsupported rulings. To make a charge with nothing to back it up, as you know, will be fruitless. I would ask the court what you need to do to order these transcripts. Usually we order them when we appeal a ruling, but since you may not be appealing, you need to request them differently, but the clerk should be able to guide you on that. I would definitely NOT tell the clerk what you need them for - say you are considering appealing or some other strategy. They will also likely charge you for these transcripts.
You can also file a Motion to have the Judge Recuse himself - the joke with that is, you generally have to make that request to the Judge himself. But the point of that is, once he denies you, which he will most likely, you can then appeal that if you want. Be sure to get your proofs of his close friendship with your ex or her familiy
If you haven't already done so, please go here.
I am appalled at the number of times I hear credible stories of judicial misconduct. I know my personal experience in NJ divorce courts left me with a bitter taste in my mouth as well. I wish there were more that could be done. People who are the victims need to make these judicial complaints, that is really the only way I can see.
Hope this helps to clarify.
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