Remove Biased Judge from Custody/Divorce Case?

[MLM103169]

Hahaha @ anger issues. Never did I see that person claim someone was homosexual. You may be a moderator but you really should learn to read others posts for what they are instead of turning them into a circus post and accusing them of things they never said. Wow!!
While you are over the suggesting anger management...may I suggest psychiatric treatment to you.

[noorlander]

To remove a biased judge you can make sure he declared bias by filing a lawsuit against him. How can a judge say he is not biased when you are suing him for 10 million dollars? He can't. You cannot remove him by just threatening to sue him, but you can by taking actions toward filing a lawsuit. It worked for me.

[noorlander]

What is the best approach to filing a lawsuit for violation of Due Process Rights and or violation of equal protection rights.

[Friend In Court]

Originally Posted by noorlander What is the best approach to filing a lawsuit for violation of Due Process Rights and or violation of equal protection rights.

Talk with a lawyer who handles such cases -- civil rights litigation. If you do so, you will get information about your chances of recovery of damages, how long the litigation will take, and what you need to know to proceed.

Successful actions brought under the Civil Rights Act of 1964 provide not only forr punitive damages, but also award of attorneys fees. A laywer will take a meritorious case on contingency, therefore and if he does so, he of course will believe you have a good chance of success. Violations of the Civil Rights Act must occur - "under color of law" -- not by private individuals.

[Friend In Court]

Originally Posted by noorlander To remove a biased judge you can make sure he declared bias by filing a lawsuit against him. How can a judge say he is not biased when you are suing him for 10 million dollars? He can't. You cannot remove him by just threatening to sue him, but you can by taking actions toward filing a lawsuit. It worked for me.

Judges have absolute immunity for their actions on the bench. Even for bribery. That has been the law since this country began -- even in a bribery case over 200 years ago.

A judge must recuse himself any time his impartiality might be questioned. What suing him did was remove the appearance of impartiality from that point forward, disqualified him for impartialty could not longer be presumed. But suing one judge will make you unpopular with his peers. It is not the way to get favorable treatment the next time you go into court.

If one wants to recuse a job, the proper procedure is to do so by sworn affidavit and motion to recuse himself. If he does not recuse himself, then the next step is to take the motion to the Presiding Judge. If Presiding does not remove, then one has an appealable order -- and such cases have been taken up on appeal and the appellant prevailed.

The best approach is to bone up on the grounds for recusal in your state, take a look at the reported cases like in West's Digest and you will be better prepared to draw a competent, successful affidavit and motion.

[Sangyllt13]

I do believe that fathers should be around their children, however, when it is known that the "fathers" rather use the child/children, then, however, I do not believe that they should be around. Children are not tools you use to hurt one another. They rely upon both parties to give them security, love, compassion, and everything they need. Judges are bias, especially in Texas. I have seen many a good parent lose their loved ones due to a "bad" judge.
I have seen CPS in Texas not be in the best interest of the children. The system being used by both parents and Grandparents to use, abuse, and destroy children. It is very sad and unthinkable to even perceive that those who are suppose to love and care for the children, do such things, yet, they do. I have seen some of my mother's friends, who are single mothers by the way, get their children, whom they have raised by their selves, lose custody of their children to the father. These women in particular were hard-working single mothers. The father of these children ended up mostly not paying the child support, being involved in some type of drug or alcohol abuse, and didn't even help in providing or raising the children. Most of the time they didn't even show up for their visitations. Why would you go to court and pay larges sums to see the children and then not even use it?!
A lot of people now say that the system is built for women to use. Not true. Now, there are some women who might have the right connections, got the judge on a good day, or whatever. I believe that now the system is really geared towards men. Maybe the court is fed up with fathers not paying, I don't know. Maybe they believe that women are more likely to pay? Who knows. Sadly, though, more fathers, the kind that give a bad name to actual good, hard-working, and caring fathers, end up with the children, either with full or joint custody. The judge will hear the facts, testimonies, and what-not and will already have decided who will get whom or what and what will happen. They listen to so many stories, they have gotten to a point where they just don't care anymore. They want to go home, eat their dinner, and get their big fat checks. I say that when it gets to the point of not caring anymore, and a felon can get custody of a child, that is when the judge should leave.
These are just all of my opinions and what I have seen or know.
I am a single mother, who sadly will be going to court soon. I don't know what exactly will happen when I do get there, but I hope that God's favor will be within this court. I was never married to the father and now have to fight for our son's safety. This man isn't a bad man. However, he is involved with dangerous people. He has two older girls with his ex, but I found out sadly, that while I was pregnant that he had also impregnated her a month before I gave birth to our beautiful boy. I was still under the impression that our relationship as boyfriend/girlfriend was going well and would turn into wife/husband. I realized that after I gave natural birth to our son, his mother and him no longer cared about me, but wanted our son. They wanted to change the name I had given him, and take him home with them. I was staying with my mom, who would help me to breastfeed and heal from my 4th degree lacerations from giving birth. I was fully heartbroken by all of this. I broke up with him two months later after trying to keep our relationship together. I was naive and believed that it could still work. Then after breaking up with him, I found out he had and was still sleeping with his ex and also now new official girlfriend. His ex was pregnant and his girlfriend was living in his house, well technically his mom's house. (He lives with his dad, mom, and younger brother.) I decided that it would be in the best interest of our son if he came to my mom's house, which was our son's legal residency, to see him. His mother smoked and the nurse in the hospital even told her she needed to either stay away from the baby or figure out how get smell off of her. It was really bad. I allowed the father and his mother to see our son the first few months after he was born, but then decided, since she refused to come smoke-free, that the mother was no longer allowed to come. The father threw a fit and has not seen his son since. I have not kept him away. He has decided that he will see his son on his terms and where he wants to.
Now we will be going to court for child support to begin, which he apparently has stopped paying his ex. He has already stated, him and his mom, that he will be trying for full custody of our child. I'm afraid that I might lose my son. The father is a felon, though I don't know really what for, and does not in my opinion have any care for our son. I believe he wants to just hurt me, due to him being slightly. He does not like being told what to do. The entire time in our relationship him and his mother decided what I could and could not do. This is probably the first time I have ever stood up to him. I was so scared after I had told him his mother could no longer come to see her grandson. I believe my therapist has stated that I was in an emotional abusive relationship with the father and his mother as well.
I already know in which court room it's going to be in and frankly I'm scared. This particular judge was the one I've seen my mother's friends lose their children to the father. I do have a good lawyer, I believe, and I pray daily. I know some people don't believe that prayer will do anything, but I have to believe in something. It's thanks to God for giving me such a wonderful and beautiful son that helped me to get out of this families control and drug/alcoholic influence. I've never done drugs until I became involved with this family. I really don't want our son to be around this family, especially since two of the kids that mother had raised are both felons, she has food stamps fraud, and the house barely passed CPS inspection. I do not believe that CPS did a very thorough investigation. CPS was called by the Ex. She was afraid that her eldest was being molested by the grandmother and uncle. Also, that her youngest, who was premature, was being physically abused with spanks that caused spasms. CPS said there was not enough evidence and had to close the case, sadly. As I have said before, Texas is defiantly corrupted. You just need to know the right people.
If you could offer any advice, I'd fully appreciate it. My lawyer has given me the the ugly, the bad, and the good. We don't know what will happen, but the father does know people in the system through his new girlfriend. I pray that I can keep our 5 month old safe from this family. I thought that the father and his sister where good people who were just related to some really not so nice people. Now I know I was wrong and naive. I pray that my mistake with being involved with this family will not haunt or hurt our 5 month old son.