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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23976
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I have post motions of contempt and custody with the same judge

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I have post motions of contempt and custody with the same judge as our original case. During the 4 years that has lapsed since our divorce was final, I have learned that he is/was the judge for the petitioners mother in her divorce that has gone on the last 15 years and has been VERY favorable to her. Can I ask him to recuse himself?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. If you think there could be bias or if the Judge would be favorable to her, preventing him from being fair and impartial in your case, then you could file a motion, asking him to recuse himself. Just because he presided over her divorce case, does not mean that he would be favorable for the petitioner. If you were to file the motion, the burden would be on you to show, as the moving party, that the actions of the Judge in the previous case, will be an issue to this matter. You will need to show exactly how favorable the Judge was and why it will effect the matter before him. I have also provided you with a link, that reference the statute and codes which you will likely need to cite and reference, when applying the facts of the case to the motion.

http://www.henaklaw.net/Mo_Recuse_Statutory.pdf

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Customer: replied 3 years ago.


Thanks for the info! My children have been abused for an ongoing period of time, documented by their drs, social services and the police. I have submitted motions every day for 2 weeks pleading with the court to understand the danger they are in. Each one was denied. So under the advice of medical professionals, I did not allow my children to go back to their moms. ex wife files exparte motion to the judge that is garbage and was not only dismissed but denied in another county 3 weeks prior... Yet he signed that one, and instead of serving it, ordered that I be arrested!!! This is after 20 days of my kids being denied from me... Their primary care giver. What to do? my x has caused over $2mm in damages in the last 30 days... is out of control and I need help!

You are welcome. That is crazy that there is documented abuse support by doctors and yet the Judge will not step in and do anything. I am inclined to believe that you have filed motion to modify the current custody/visitation and a Judge should always act in the best interest of the child, when making that decision. For the Judge to turn a blind eye and ignore the claim, is certainly an issue and you can also try and file a motion with the Chief Judge, bringing this to his/her attention.
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