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GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12028
Experience:  Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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Child custody- My fiance and I are going through a custody

Customer Question

Child custody- My fiance' and I are going through a custody battle between him and his (soon to be) ex-wife. She is clearly an unfit mother. Her other 2 children (from a previous marriage) have been removed from her home and custody was granted to their father after CPS found her home unfit. The youngest child is a 5 year old boy who, for some reason was left in the unfit home. The judge seems to be very biased and in favor of the mother even though she has pending sexual assault of a child charges. The mother of the child has purposely overdosed (while she was supervising the children) as a suicide attempt and shot herself (attempting suicide) while she was supervising the children. The father was at work both times. The father was given a drug test several months ago for custody. The results read 45 nanograms of marijuana. It's my understanding that 49 nanograms or less is legally passing. The judge has a zero tolerance policy and put in the court papers that he failed his drug test, causing us to have supervised visitation only. When the judge took the case, she had no legal jurisdiction. Both the father and mother were living in Van Zandt county but the judge refused to review the paperwork proving residence and has now taken a personal interest in the case. I feel there is a conflict of interest and I'm wondering what we can do to get the case moved to an unbiased judge. We don't have the money for an attorney and am hoping for some advice. Thank you in advance
Submitted: 3 years ago.
Category: Family Law
Expert:  GeorgetownLawyr replied 3 years ago.
Hello, My name is XXXX XXX I'll be helping you resolve your matter.

Please remember there may be a delay as I may be helping other customers.

I read what you wrote and It is unbelievable if what you say is true that this woman still has the child...how did the case get in another county if neither party lives there?
Customer: replied 3 years ago.
The mother filed for divorce in Smith County because her sexual assault of a child case is in Van Zandt county and she would have been arrested if she went to court there. The mother no longer has the child. He has been removed from both homes and put into a home I feel is also unfit. When we went to visit the house he's currently in, there was broken glass all over the front porch, 9 large indoor dogs, dog feces on the floor in his room that was half eaten by the roaches that infested the home. The only other option for a temporary home for him was with the mothers dad and step mom who disowned her at an early age and have said on several occasions they don't like children. The boy is hyper active and somewhat difficult to handle even for people who like children. They are his grandparents and they have only seen him 3 times in his life. He doesn't even know who they are. The home he is in now is at least with people he knows and loves. I guess it's the lesser of 2 evils. The boys mother also claims that her father sexually assaulted her and her friends when they were younger so I don't feel he's safe there.
Expert:  GeorgetownLawyr replied 3 years ago.
geez very sad. when did the judge deny your fiance custody?
Customer: replied 3 years ago.
It hasn't been denied for either parent. We are just required to have supervised visitation. We have another hearing June 9th. Until then, we're kind of in limbo. Is there any way we can request another judge? This lady honestly seems to be (i'm sorry to say it but it's true) a man hater who believes the only fit parent in any case is the mother. I've heard from several other people that she's granted custody to the mother in other rediculous cases where they father was clearly the better parent. The judge has stated that she has taken a personal interest in the case and it appears to be a conflict of interest. I am almost positive that if we take the same court case to the judge who was unbiased, we would have absolutely not issues getting full custody of him. We have had 3 different CPS caseworkers come to the house because of the abuse caused by the mother's boyfriend. All 3 caseworkers have ruled us out as the cause of the abuse and found this a more than fit home. The judge said they were all biased and now she has taken over the CPS issues as well. Nothing about this seems to make sense to me and I don't think we will get a fair shot unless we get another judge
Expert:  GeorgetownLawyr replied 3 years ago.
You can file a motion to recuse. this asks the judge to remove herself from the case because she is biased and cannot be objective. if she refuses to remove herself you then have a basis to appeal the case if she rules against your fiance. You can also appeal based on the fact that the court doesn't have jurisdiction of the case since none of the parties live in the county that the court is in. I hope this helps clarify.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work (as you would like to receive credit for your work). Positive feedback is also appreciated, if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is not required. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice. If you specifically want me to answer a future question put “FOR GEORGETOWN LAWYER” in the subject line and I will reply asap.
Customer: replied 3 years ago.
Last time, I promise lol. Do i need a lawyer to file that motion? If not, where could I find paperwork to do so and how do I file it? I don't know much about law (as I'm sure you can tell). I very much appreciate your help. I will be accepting your answer but it will be a couple days before I can afford to do so.
Expert:  GeorgetownLawyr replied 3 years ago.
Here is a link I found with a sample you can use if you cannot afford a lawyer to do so, although it would be best to have a lawyer file it. Once you prepare it you will have to give the original copy to the clerk of court and you will have to mail a copy (serve) a copy on all the other parties to the case.

http://www.caught.net/prose/recusal.htm

I hope this helps. Thanks and you have made a deposit, clicking ACCEPT does not charge you any more than the deposit you made, it just allows the site to give me credit for my time and answers. Thanks again and kind regards.

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