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i currently have a case before a ny state family court where

i applied for temporary...
i currently have a case before a ny state family court where i applied for temporary custody of my son based on his living conditions with his mother; electrical issues, no building permit, no health permit and no certificate of occupancy. My son recently reported to me two near fires in the converted garage apt. attached to his grandmothers house. The local family court granted me no relief.... however the next day she presented herself and filed for custody and an order of protection based on lies and untruths about me being a violent dangerous man. Know keep in mind we have been separated for over a year with no issues on visitation, support, etc....i have even taken my son on two, week long vacations out of state. She was granted her OOP and given sole temporary custody of my son. The court date was set for Dec 6 of this year so the judge is keeping me from my son for near 2 months... i have recently learned that councel that my wife had in a proir family court case is now assistant magistrate in the court in question further more he (the magistrate) has represented her mother on family court cases as assigned coucel and has become a friend or friendly, with the family...i am looking for an opnion or any case law where a change of venue has been granted in NYS for conflict of interest or possible bias.
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Answered in 3 minutes by:
11/1/2012
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
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Thank you for your question.

To answer your question directly, such requests for recusal and removal to a new jurisdiction are fairly common. However this is not based on case law, this is a motion that the judge himself or herself reviews and then makes a determination as to whether or not there is a potential conflict of interest. If the magistrate who is hearing the case deems himself or herself to not have this conflict, the motion is not granted, and such a motion is not based on case law. I do think this is a good idea, and you should be able to find a template of this motion at your local library but it would not be based on case law, but simply the opinion and wish of the magistrate.

Good luck.

Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
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