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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23978
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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How do I change a court date and change the judge who is

Customer Question

How do I change a court date and change the judge who is supposed to hear the case? It is a Family court issue in Suffolk County NY. The case is to be heard in Riverhead NY. I want it to be changed to the Family Court in Central Islip NY with a different Judge. I also want the date to appear in court to be changed.
Submitted: 10 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 10 months ago.

Good morning. Can you share with me why you want the Judge to be changed?

Customer: replied 10 months ago.
2 reasons. 1) is that I was in front of this judge in the past and I feel she will be biased. 2) is that I feel my ex-wife knows this judge as she works with people associated with this judge, and there will be bias there. Basically, I want to ensure there is 100% an unbiased judge. A judge where neither of us (ex-wife and ex-husband) have any association. This is a custody case for my children and I want to ensure there is 100% unbiased decisions here. So I am sure you can have empathy for my situation.
Expert:  FamilyAnswer replied 10 months ago.

Thank you for the additional information and I certainly do. Based upon what you shared above, you would need to file a motion and ask the Judge to recuse themselves, if there is evidence of bias or they can not be fair and impartial. A party can not simply just move a case from one county to another, unless there is a legal basis to support it and when an issue is present like the one you shared, you need to ask the Judge to remove themselves from the case and have another Judge hear the matter. Now, as far as the change of date, you can file a motion with the court, asking that the case be reset and continued and simply explain in the motion, why you can not appear on the set date at this time. If you can show good cause, it should be granted.

Customer: replied 10 months ago.
Where do I go to change the date of the court appearance. Again, it is Suffolk County NY. Also, please suggest verbiage to get this court date changed.
Expert:  FamilyAnswer replied 10 months ago.

You would file a motion with the court and send a copy to all parties. It would be a motion for a continuance and in the body of the motion, simply lay out to the Judge, why you need the date changed.

Customer: replied 10 months ago.
Which court? All it says is Suffolk Count NY on the papers. It does not show anywhere in the papers a phone number nor address to reply for a change of court date.
Expert:  FamilyAnswer replied 10 months ago.

it is the court where the case is pending. It would be Suffolk Court then, if that is what is on the papers and there should be a case number ***** the names of the parties as well

Expert:  FamilyAnswer replied 10 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 10 months ago.
The FAQ documentation at the courts states:
"How do I postpone a case?
You may request a postponement (adjournment) of a matter in writing, upon notice to the opposing party. Your request must be submitted before the date of the scheduled appearance, and will be considered by the support magistrate or judge in the assigned part on the scheduled date. A request is not a guarantee of adjournment, you have not been excused from appearing - you are at risk."see https://www.nycourts.gov/courts/10jd/suffolk/FamilyQuestions.shtml#faqfunctionI call up the courts and they said as long as I fax in a request to postpone then I can postpone this date. I asked "Do I have to be there that date?" The court person said "No, you are requesting to postpone the date and as long as you fax in the request and contact the other party you do not have to appear"Now I am really confused. Please clarify.
Expert:  FamilyAnswer replied 10 months ago.

The FAQ on the court site says that it is not guaranteed, so unless you get something in writing prior to the hearing advising that it has been postponed or it is documented in the clerks system, you want to be there. They may be referring to an agreed order to postpone, which is why they mention contacting the other party, which you need to do regardless.

Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. Thank you.

Customer: replied 10 months ago.
From your experience being an expert, what is the process to postpone? My court date is 25-Jan. What are good reasons to postpone and what are not good reasons? Please have empathy and be detailed, as this is for custody of my children. A major reason is I do not feel prepared. One reason is that I need to still find a lawyer. Another is, I need counter all the lies my ex-wife is stating, in her petition to modify custody, by gather documents and other facts, to counter all her lies. Is not being prepared a valid reason to postpone the case?
Expert:  FamilyAnswer replied 10 months ago.

There needs to be a reason that you are not prepared. For example, if you tried obtaining documents but need more time to get them through something outside of your control. Another valid reason is that you want to retain counsel. That alone is a basis. As I shared, you need to tell the Judge why you have not been able to do this or get prepared, once you received notice. It is not uncommon for someone to ask for more time but just need to explain to the Judge why.

Customer: replied 10 months ago.
Also, I have acquired new clients this week which requires a lot of my time right now. Is that a valid reason to postpone?
Expert:  FamilyAnswer replied 10 months ago.

I would probably leave that out as it would not help.

Expert:  FamilyAnswer replied 10 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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