Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 6 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
1/4/2018
Family Lawyer: JD 1992, Lawyer replied 6 months ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Ask Your Own Family Law Question
Family Lawyer: JD 1992, Lawyer replied 6 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.

Ask Your Own Family Law Question
Family Lawyer: JD 1992, Lawyer replied 6 months ago

Is there a specific question with which I could assist?

Ask Your Own Family Law Question
Customer reply replied 6 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 6 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 6 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.

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

JD 1992 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

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 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
Sue! I printed out the FL-300 from the link you gave me. I
Hi Sue! I printed out the FL-300 from the link you gave me. I was able to fill out most of it but had a few questions. I assume on page 1 at the top, I check the CHANGE box for request for order and c… read more
Sue
Sue
Juris Doctorate
561 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
JD 1992
JD 1992
Lawyer
34,389 satisfied customers
I want to change of venue for my divoce case which includes
I want to change of venue for my divoce case which includes a minor child … read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
Under the Texas rules of Civil procedure, rule 255, if both
Under the Texas rules of Civil procedure, rule 255, if both parties agree to have venue/jurisdiction changed, then the court clerk is supposed to send the case to the clerk of court at the agreed upon… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
I live in Indiana my divorce is final and I have primary physical
I live in Indiana my divorce is final and I have primary physical custody. My ex moved out of state and I moved to a different county within indiana .I am asking for a change of venue,because neither … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
What does it mean that a particular state has a rule that contesting
What does it mean that a particular state has a rule that contesting custody waives the right to Confidentiality of health records when they petition for custody? How can I get my court case moved to … read more
Maverick
Maverick
Doctoral Degree
6,136 satisfied customers
My question(s) are more procedure/document driven. In order
My question(s) are more procedure/document driven. In order for you to have as much info as possible to respond, here is a brief summary. Texas OAG filed motion to enforce and suit for modification of… read more
JD 1992
JD 1992
Lawyer
34,389 satisfied customers
For Lucy only. How do you argue a change in venue? She is
For Lucy only. How do you argue a change in venue? She is also motioning for a change in venue..... The entire case has been argued here. If we do a change in venue then this is going to continue even… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a custody order in place in north Carolina, i moved
I have a custody order in place in north Carolina, i moved to Nevada my ex-husband moved to California. He had the baby for three months in n.c. prior to moving to California so i could get establishe… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
If I want to file a motion for change of venue and change of
If I want to file a motion for change of venue and change of judge - do I file it in the lower court or supreme court of ohio?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I have joint legal and physical custody of my daughter who
I have joint legal and physical custody of my daughter who is now 16. Per our court order she resides with her mom. My daughter and her mother have not been getting along and arguing all the time to t… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
I have been served papers from my ex trying to change venue
I have been served papers from my ex trying to change venue of my child custody. I have to be in court on Tuesday Dec 6th. He wants to change venue to get a new judge to try and change child custody. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am in the middle of a divorce case. There is 2 children involved.
I am in the middle of a divorce case. There is 2 children involved. Ages 4 and 7 DFS placed children with me for two months due to allegations of sexual abuse by their mother. They told their teacher … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Good Morning! I have a dead beat ex-husband that has refused
Good Morning! I have a dead beat ex-husband that has refused to pay child support with the exception of a few randow payments a year. I filed with Title Iv-D IN 1994. He has been found in contempt num… read more
PlotinusLaw
PlotinusLaw
Attorney at Law
Juris Doctor
731 satisfied customers
I am seeking to file a motion for change of venue from one
I am seeking to file a motion for change of venue from one division in San Diego County (Vista) to another (San Diego). This is for an existing case and both parties live in the district assigned to t… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
I am fighting CPS in a VERY corrupt county. I have been told
I am fighting CPS in a VERY corrupt county. I have been told that my constitutional right do not apply. My children were detained, questioned, and removed without a warrant, and without a lawyer prese… read more
Ray
Ray
Lawyer
Doctoral Degree
33,301 satisfied customers
Where can I get templates to use for 1. Motion to change venue. 2.
Where can I get templates to use for 1. Motion to change venue. 2. Motion for reconsideration by a Master in a ruling about discovery for Maryland.… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My daughter moved out of the county that handled her child
My daughter moved out of the county that handled her child support and supervisory arrangements between her and the childs father. No one lives in the county that has this case and hasn't for some tim… read more
AttyKLG
AttyKLG
JD (law degree)
75 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