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I’m trying to ask for the removal of a judge off my case and…

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I’m trying to ask for...
I’m trying to ask for the removal of a judge off my case and change of venue
Submitted: 3 months ago.Category: Family Law
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1/4/2018
Family Lawyer: JD 1992, Lawyer replied 3 months ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Family Lawyer: JD 1992, Lawyer replied 3 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Family Lawyer: JD 1992, Lawyer replied 3 months ago

Is there a specific question with which I could assist?

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Customer reply replied 3 months ago
I want to know what steps I can take to have a judge removed from handeling my case and request a change of venue. I have gone back and forth to court several times. I’m not receiving child support and during every court hearing the judge makes it his point to tell me his degrading thoughts of me ex I’m a liar he can tell by my body language and facial expression I like to play the victim role. He can tell I’m not happy with life, how he can tell I’m the type that if I can’t have things my way I act up and such. I recently removed my kids from daycare because I can not afford it at $1400 a month my mother agreed to babysit my two kids for me. My ex went to court yesterday and was granted an emergency hearing with the judge calling me on the phone stating that I had to return the children back to the daycare and if I afford it I should set up a payment arrangement with the daycare. My ex has an internship pastime job and was told to only pay 20% of the daycare cost due to his income. Can the judge really force me to do this?
Customer reply replied 3 months ago
Also my ex is under investigation with child protective service for abuse and possession of a pistol B.B. gun . My ex was convicted of gun Pistol assault and robbery and should be possession with a fire arm. Yet although still under investigation the judge order me to return to children to him for visitation
Family Lawyer: JD 1992, Lawyer replied 3 months ago

The judge can do pretty much what they want as far as setting child support and custody, although the rules on child support are less flexible than those on day care costs.

As to a change of venue, noting you have said indicates that this is appropriate. The rules on change of venue normally deal solely with jury trial cases and you must prove that it is impossible to find a jury of peers who haven't prejudged a case.

A Motion to Recuse a judge is more flexible but they are nearly impossible to win when the grounds are just adverse ruling and comments. They normally require that there be some kind of relationship between the judge and some other party, witness, etc. such that it creates a conflict of interest. You could file for a Motion to Recuse but they are normally filed at the beginning of a case. If you file one now, the judge himself will rule on it unless he feels he cannot be "dispassionate" about the issue and then he would appoint a three person panel to make the decision. Usually a judge will make the decision themself. After the case is over, if it is decided against you then the failure to recuse could be an issue on appeal.

A BB gun is not "a firearm", so that allegation won't hold up. Firearm has a very specific definition. Abuse, however, is a huge issue but the allegation alone often doesn't make any difference. You could file a Motion to Modify Temporary Orders based on the abuse allegation and then put on whatever evidence you have or can get about the issue and then the family court judge will be making a decision based on the contested evidence and not on just an allegation.

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JD 1992
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
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Experience: Began practicing Family Law in 1992

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