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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12209
Experience:  JD, MBA
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I filed a motion to modify the summer custody schedule

Customer Question

I filed a motion to modify the summer custody schedule because his father kept manipulating the language and changing it to his benefit. The judge ruled on this and then proceeded to modify the custody schedule outside of the summer, which was not included on the motion and not discussed during the trial. The ruling was clearly in favor of my ex. Can the judge rule on something without a motion and without giving me the opportunity to respond? Can this bias constitute a reasoning to get a new judge?
Submitted: 1 year ago.
Category: Family Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Yes, the judge can make a ruling on something that is not in the motion so long as it's based upon the judge's opinion regarding the best interests of the child. If the judge's ruling was made using that standard, then it is permitted because the judge must ultimately protect the child regardless of what the parents ask for in any motions. However, you should be given a chance to respond and present any arguments that you have. If you weren't given that opportunity, then you should file a motion to reconsider and make your arguments in the motion and ask for a hearing. You would not, however, be able to get a new judge. But you can appeal and of course the appeal would be heard by a different judge since it would be in the appellate court.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

Customer: replied 1 year ago.
This did not answer my question. Please provide legislative statutes that allow a family court judge to make arbitrary and capricious rulings that are not included in a motion, nor included in a public hearing.
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

The judge cannot make arbitrary and capricious rulings, so I won't be able to provide you with such legislative statutes. If a ruling is arbitrary, then it would be an abuse of discretion.