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I feell I was treated unfairly, my sons mother whom I was…

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I feell I was treated...
I feell I was treated unfairly , my sons mother whom I was never married too used to work in the courthouse where our hearing was held , she knows every judge we go in front of and the last judge realized she knew her too and asked if I wanted her to reccuse herself , had been denied my court ordered visitation for a month as a result of waiting two weeks for a hearing and allowing my sons mother to have two weeks of my visitation time so asking the judge to reccuse herself would be another hearing more attorney fees and and maybe even another month before I see my son so I went forward with the case however I feel it was unfair I had to be in that position and there are still outstanding court issues and I do not see how it will ever be resolved please help
Submitted: 2 years ago.Category: Family Law
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8/1/2015
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,972
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Good morning. I certainly understand your concern. Can you share with me how the Judge treated you unfairly?

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Customer reply replied 2 years ago
My visitation order called for me to have my son from July 5th to the end of month , his mother witheld my visitation and for the whole month I requested an emergency hearing and was denied it but a hearing was scheduled on the 31 at this point I have not seen my son for the whole month and now the hearing is on 7/31 if I ask the Judge to now reccuse herself now I will not see my son until who knows when and in my opinion this is unfair to me to find out on the same day of the hearing so I have to decided to go through with the hearing or risk not seeing my son for even longer
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago

Thank you for the additional information. If the mother withheld visitation, wrongfully, the Judge could hold her in contempt of court. You shared that the Judge had originally offered to recuse herself when this was disclosed and if you declined, you could not come back now and say that the Judge was bias and unfair, unless you have proof that she failed to consider evidence, follow the law or allow you to be heard. If the hearing was on 7/31, that would have been yesterday, so a decision should have been made. If the Judge ruled and there was not basis to support her decision, you can appeal and also file a complaint against the Judge, if you there there is bias. The Judge needs to remain fair and impartial, so even though you did not ask that she recuse herself, she should have if she could not be.

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