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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110506
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have a custody case assigned to one magistrate and a child

Customer Question

I have a custody case assigned to one magistrate and a child support order (regarding the same child as the custody case) assigned to a different magistrate. I just spent the last two years litigating the custody case and have spent over a dozen hours in front of that magistrate in the last year, so he knows my situation pretty well. The Mother of my child has initiated a child support modification now with DHS, which will undoubtedly end up in court. The magistrate for the child support order does not know either of us parties, and would not understand the situation to its fullest if he hears the support modification. One argument is that there is likely evidence, including financial statements, in the custody case that could support my child support case (I know I can use that anyway, it's just a matter of that magistrate truly understanding and believing the facts given the number of contemptuous and contentious actions that have occurred in the last two years). My question is: What legal authority, if any, is there to file a motion to have the child support case transferred to the same magistrate that is presiding over the custody case? I would like to file a motion soon, but do not know the correct, if any, statute or rule of civil procedure to cite for such a motion, or what to call the motion. These cases are both in District Court, Mesa County, Colorado.
Submitted: 7 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can file a motion to transfer the case to the other magistrate. Your argument is that the case was already before the other magistrate for both custody and support and he has the information and history of the case and as such in the interest of judicial economy you believe assigning this case to the same magistrate would be in the best interests of justice.
This is a procedural issue wholly at the discretion of the court, not one of statute or even case law. The decision is entirely up to the magistrate to decide whether or not they want to move the case back to the other magistrate. Most times they will do so because one thing any judge wants to avoid is extra work and if they have an excuse not to do extra work they will do whatever they can to avoid it. The issue with it being purely at the magistrate's discretion is that the decision of the magistrate on the issue is not something that can be appealed, so if you lose you cannot appeal that decision.