Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

How do I change a court date and change the judge who is…

Customer Question
How do I change a...
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: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 6 minutes by:
1/19/2016
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,766
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

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

Ask Your Own Family Law Question
Customer reply replied 2 years 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.
Family Lawyer: FamilyAnswer, Lawyer replied 2 years 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.

Ask Your Own Family Law Question
Customer reply replied 2 years 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.
Family Lawyer: FamilyAnswer, Lawyer replied 2 years 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.

Ask Your Own Family Law Question
Customer reply replied 2 years 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.
Family Lawyer: FamilyAnswer, Lawyer replied 2 years 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

Ask Your Own Family Law Question
Family Lawyer: FamilyAnswer, Lawyer replied 2 years 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!

Ask Your Own Family Law Question
Customer reply replied 2 years 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.
Family Lawyer: FamilyAnswer, Lawyer replied 2 years 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.

Ask Your Own Family Law Question
Customer reply replied 2 years 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?
Family Lawyer: FamilyAnswer, Lawyer replied 2 years 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.

Ask Your Own Family Law Question
Customer reply replied 2 years 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?
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago

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

Ask Your Own Family Law Question
Family Lawyer: FamilyAnswer, Lawyer replied 2 years 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!

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask FamilyAnswer Your Own Question
FamilyAnswer
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,766
32,766 Satisfied Customers
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases

FamilyAnswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My daughters future father in-law received his officiant
hi, my daughters future father in-law received his officiant credentials from Christian harvest church , credential of ministry Texas city, tx . we live in long island , ny. when he officiates their c… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can a magistrate order a spouse to withdraw on his 401k for
Can a magistrate order a spouse to withdraw on his 401k for arrears for child support with an amount over 12k? if so can you provide case law? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am a resident of Suffolk county New York. I filed for a
I am a resident of Suffolk county New York. I filed for a downward modification in June 2017. We had our trial (without lawyers) and my petition was dismissed . The verdict came in the mail. I read th… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
60,529 satisfied customers
How do I get a change of venue in County from Judge
How do I get a change of venue in Harris County from Judge Lombardino's count to any other family court? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Would it be better for me to withdraw from famy court before
Would it be better for me to withdraw from famy court before applying to supreme court? Will it look better, being as family court can't help with determining her income with her rentals and can't acc… read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,461 satisfied customers
I want to subpoena NYC Child Services for a complint filed,
I want to subpoena NYC Child Services for a complint filed, investigated and findings were found, for a suffolk County Family court Case. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,441 satisfied customers
I need to get transcripts from Family Court in Riverhead NY.
I need to get transcripts from Family Court in Riverhead NY. How do I get these transcripts? I want the printed transcripts when I was in front of a judge on a certain date. Can I do this online? What… read more
KLAW
KLAW
Juris Doctorate
2,377 satisfied customers
How do I find out who the Family Court judge was person who
How do I find out who the Family Court judge was for a person who had a CPS incident? They went to family court and had a neglect charge.… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am in NY with a 19 year old son. I have paid 200,000 in
I am in NY with a 19 year old son. I have paid 200,000 in child support and only seen my son 10 times over 5 years He has a full scholarship to college and his mother is not sending him any money that… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am a step father, I also was previously incarcerated and
I am a step father, I also was previously incarcerated and released. My wife's ex husband filed a petition with family court under New York States Mental Hygiene Law 81 in which a hearing is set for a… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
NY attorney only please.Im mother of a 6 yr old. Im seeking
NY attorney only please.I'm mother of a 6 yr old. I'm seeking court permission to move to Queens, 15 miles west from my current location in Nassau County. My ex-husband (hereafter, "Ex") lives 45 mile… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,441 satisfied customers
I currently have a child support court order to pay $250 per
I currently have a child support court order to pay $250 per month from Suffolk County Family court , Central Islip, NY 11722, since about 1995. The child is 18 , she no longer resides with the mother… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
NYS Family law Question.... Involved, NYS LEGAL KNOWLEDGE ESSENTIAL! !998
NYS Family law Question.... Involved, NYS LEGAL KNOWLEDGE ESSENTIAL! !998 Sister recieves custody order with no visitation and custody awarded to 2 year old Childs father, due to Sister's drug problem… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
After an difficult divorce that made sure I didnt receive
After an difficult divorce that made sure I didn't receive any maintenance for 6 months despite having a Pendente Lite, I have used any possible $$ I have gotten from insurance claims to side income f… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
My mother and father divorced many years ago in Long Island,
My mother and father divorced many years ago in Long Island, New York. Because I wanted to see my father and his side of the family I was called a traitor and treated very badly. My mother always gave… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
How to change a magistrate for an administrative judge in the
How to change a magistrate for an administrative judge in the Richmond County (Staten Island, NY). I was ordered to pay $350/weekly even though my income is 11-12K/yearly and I am full time student, a… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
I am a former New York resident. I moved to Nevada with my
I am a former New York resident. I moved to Nevada with my 4 children in 2002. My ex-husband still lives in New York and my child support case is handled through the Suffolk County CSEB. I am currentl… read more
NJ FamLaw
NJ FamLaw
Doctoral Degree
517 satisfied customers
I have been going back and forth to family court for almost
I have been going back and forth to family court for almost two years for a visitiation issue. I have depleted my funds paying for a lawyer. I recently found that only cases where one party keeps the … read more
Jogoesq
Jogoesq
attorney
Doctoral Degree
258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x