I decided to bring my ex-husband back to court in 2009 for physical custody of my son. My case has been continued about 6 or 7 times. Each time the case has been continued, it has been in favor of my ex-husband except for one that I requested because my father died. I have purchased plane tickets after plane ticket, one time I went to Alabama just to find out that my case was continued the day of court. I live in San Diego California. The judge also granted an contiouance for my ex-husband to go to work. I was supposed to have a custody hearing June 13th, and now the judge have continued my case because he has a conflict. I am about to loose my job because of the constant changing of the dates. All of the continuances are convient to my ex-husband and an inconvience to me. What am I supposed to do? I was told by the Alabama State Attorney Generals Office to file a judicial inquiry but I am afraid that the judge will make my case more difficult. I have not seen the judge or had a hearing since I opened this case in 2009.
Dear JACUSTOMER - I agree with the attorney general. This is definitely judicial bias toward your ex since any judge knows how difficult it is for an out of state litigant in any case and this obviously makes your task a lot tougher. If the judge did this to any attorney the attorney would have filed a complaint a long time ago. You also need to ask that this judge be removed from the case for judicial misconduct to a litigant. Fearing what the judge will decide when he is already this biased really shouldn't be a concern. You need a new judge and you need a set court date. You can file with the AL Supreme Court and here is their website.
I asked my attorney to request a new judge and his secretary responded the judge said no because he was the only judge that heard my case. The problem is he never heard my case. I have fired one attorney and hired another. I am so scared. When I decided to revisit the case, my son was 10. Now he is 14yrs old and his father has denied my visitation, his wife has signed medical concent forms for my son to receive surgery without my knowledge and she signed as his mother. I have begged and pleaded with my attorney. Should I submit documents with my complaint or just file the complaint? If I do have to submit documents will a case summary from the courthouse suffice?
I would file the complaint and attach any relevant documents that will back up your facts. If your attorney is not properly representing you then you can also file a complaint with the Bar Association. There's simply no excuse for any of this.
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