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GeorgetownLawyr, Attorney
Category: Legal
Satisfied Customers: 12049
Experience:  10+ Years Experience in Civil Litigation, Family, Probate and Immigration Law.
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I love in Illinois and I am in a child custody case with my

Customer Question

I live in Illinois and I am in a child custody case with my son's father. I filed three appeals on decisions the judge made. They were denied due to I cant file an appeal on a temporary order. Now that the case is set for trial the judge seems very upset I went against what he made a temporary order. I am pro se & wanted to know how do I or can I get a new judge. I feel as though he will base his decision on the fact he now hates me & doesnt seem happy with me at all.
Submitted: 6 years ago.
Category: Legal
Expert:  GeorgetownLawyr replied 6 years ago.
Hello, My name is XXXXX XXXXX I'll be helping you resolve your matter.

Please remember there may be a delay as I may be helping other customers. You would need to file a motion for him to recuse himself due to his inability to be a neutral arbiter of the facts, as he is required to do as a Judge. You will have to file the motion with him and if he refuses to recuse himself, then you can appeal it to the higher court. I hope this helps. Please click "accept" so that I receive credit for answering your question. I will be happy to reply to a follow up on this issue at no extra cost. Your Positive feedback is appreciated. If you want to request me in the future type "TO GEORGETOWNLAWYR" in the subject line and if I am not online I will answer asap. Thanks and best regards.
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Customer: replied 6 years ago.
I know that this judge will of course say no, what higher ups do I then appeal to? The appellate court? I dont drink, I am married,yet my sons father took my son, I have had hiom arrested 3 times for domestic battery & he told me if I did anything he would kill me. The police said it was a civil matter & wouldnt make him give me my son back. Well I had FULL CUSTODY, my sons father years ago had the court case dismissed, so I picked up my son from the after school program, Well he went & filed paperworkl for custody. The judge on the first court date gave it to him. My sons fathers attorney didnt say in court I was a bad mother, none of that. It seems this judge really favors the fathers, not the mothers. My sons father pwed me $27,000 in back child support, yet the judge said there is no proof where the child lived that we wcould have reconciled. I said I can bring proof that my sons father lived at home & my son is on my lease for my apt. That I filed him on taxes not his dad. The judge said no & said he didnt owe me the money. My sons father had all this time to turn in his CFS yet he didnt & it went to trial for temporary child support. I was ordered to pay. I told the judge I can not put on a defense without any paperwork I requested in my 201K letter. The judge said basically oh well & ordered me to pay. He gave my sons father temporary possession. This just doesnt make sense to me. I was never been investegated by DCFS, I dont do drugs. I live a normal married life. Seems no matter how much I follow the law to represent myself the judge goes against the law,I cant afford a lawyer, what can I do. This is now going to trial and I dont know what to do.
Expert:  GeorgetownLawyr replied 6 years ago.
it's unfortunate when you can't afford a lawyer and the other side can because you will always be at a disadvantage, no matter how good your case is. Yes, if he refuses to recuse himself then you will need to appeal his decision to the appellate court with jurisdiction over the court this judge is in. I wish you luck.