Remove Biased Judge from Custody/Divorce Case?
This is a discussion on Remove Biased Judge from Custody/Divorce Case? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I am in a similar situation and don't know what to do. My ex is a domestic abuser who ultimately ...
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#11 |
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I am in a similar situation and don't know what to do. My ex is a domestic abuser who ultimately got custody on an ex-parte motion with no facts. Asa a result of him breaking my wallet I lost my house & business. The judge has clearly violated many civil rights laws and federal statutes incl allowing illegal wire tapping admissible as evidence, internal alteration of court documents, refusal for me to receive court tapes, and more. Don't want to post too much here in fear of more retaliation. I am scared for my life and the safety of my chidlren now, and don't know what to do. PLEASE help someone.
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#12 |
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Contact your local battered womans shelter. They may be able to help and likely have support groups. Children are awarded to abusive parents in an alarming percentage. I wish you well...but I don't know of anyway to help.
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#13 |
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you know whats crazy? it seems that so many judges are out there making such bad decisions concerning our children that some one should have to step in. my 6 yr old step daughter told us her two older step brothers were molesting her and we went to the courts, the d.a's office, c.p.s and the police. even with a criminal investigation for sexual battery in her mom 's home. the judge still put her in the home. my husband found out there is a legal right as a parent to with hold his daughter for up to 30 daysm from fher mother. per penal code 278.7(i think thats it) so my husband got all of the information ready for the officer we knew would be at our house when he didnt show up to drop my step daughter off.
we had gone to c.p.s 4 times. she told two workers about her step brothers, one police officer and the judge got pissed that my husband went against his court order at took my husbands custody. he placed my step daughter in the home where there was an on going criminal investigation for sexual battery full time. he made my husband do supervised visits for three months. and yes we have an attorney. but so do they. another judges wife. it should seem that he would be mandated by law to remove her from the home. but no....... to top it off the mother took my step daughter in two years ago to c.p.s.and said she believed she was be molested in the home....that should say things like "lets have sex now" and try to put things in her pee-pee, and did i mention they have had 17 c.p.s referrals to c.p.s in the past 6 years. in her short life, she has been subjected to domestic violence, drug abuse, child abuse(mom's ex boyfriend was hitting step daughter and we got restraining order on boyfriend), they live in filth, failure to protect, extreem sibling rivalry( busting eachother's heads open with rocks)and sexual abuse and the judge still wont remove her from the home. he even refusing to order her into counseling. my husband signed her up through victim witness and mom refuses to take her and we tried to get it order but jusge refuses to do anything. tell me ther isnt something wrong with the picture????? |
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#14 |
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First, I want to object to the rude insults several people posted. Gratuitous nastiness and personal insults reveal who YOU are and have no place in this forum.
RE: biased judges: yes, there are arrogant, corrupt, biased judges everywhere. They don't listen to or rule fairly on the evidence or law presented to them. It's a very corrupt, insiders' system to enrich attorneys while they string it out to get every dollar you can beg, borrow or steal. It's crucial to be aware that attorneys will not call them on it because judges gossip like crows and will bad-mouth attorneys to every other judge, and attorneys know it. What can you do about a biased judge? First, research judges before you file your case, if you can. You have right to reject for no stated reason the first judge before any evidence is presented. After that, you have to file to recuse (remove) a judge for cause, a motion that -- stupidly -- the judge who you're filing against will RULE ON HIS OWN RECUSAL. He'll either remove himself or herself, or deny it, then you have to file an appeal so a different judge will rule on it. WIll an attorney jeapardize his reputation with judges by objecting to a biased judge? Not likely. The best thing is to stay out of "THE SYSTEM" as much as you can. Don't expect justice in today's courts -- they're just an ATM machine for corrupt attorneys AGAINST THE PUBLIC. |
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#15 |
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Good advice to stay out of family court as much as possible. Unfortunately, adults are humans and most of the time behave childishly, and use the courts for their own emotional, histrionic "therapy" of sorts, to punish the other person. Too many times counseling is much more needed than a judge, but it is what it is.
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#16 |
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After weeks of reading websites, posts, blogs, seeing videos & documentaries and actua;;y seeing the criminal behavior of family court judges and lawyers I have one question.
WHEN ARE WE THE FAMILY'S OF AMERICA GOING TO STAND UP AND STOP THIS INSANITY OF COURT SANCTIONED KIDNAPPING FOR PROFIT? We are the families they are doing this to. It is our kids, the future of the world, that the court is destroying for money. He who gets to the court house house first with the biggest wallet wins. Its our faults. First, we as a nation can't hold our families together which allows the jackals and vultures to circle over the dead body of our union. Secondly, we don't register to vote and when we do we don't question or research who we are putting in charge of our communities. Third, we would rather pay a lawyer than pay child support or better pay for relationship counseling. Guess what? your lawyer and their lawyer are friends and they both think you all are fools - but, fools wih checkbooks. The judge, especially in small cities, once practiced law with both the lawyers and he thinks you both are fools. The guardian ad lidem is also thrilled to represent your kids. Why? Because he gets a fat check too. They all go home at night to their own families and you go home broke or worse - unjustly without your kids - and the cycle goes on. STOP BEING A VICTIM OR A POTENTIAL VICTIM! If you have kids you are one court visit from a heartless lawyer standing in front of an unscrupulous judge who signs a paper without ever seeing you or caring that the lawyer's client is lying about you. THAT IS THE DIRTY SECRET OF EX PARTE! No Due Process Allowed! One day you are baking cookies with your kids and the whole neighborhood thinks you are the best mom ever and teh next a judge hangs a Scarlett Letter on you based on LIES! Or a woman says you hit her or the kids and you didn't. TOUGH! Thanks to EX PARTE and the fact we do not drive our legislators insane with calls and letters and campaigns we live in a country no better than any non-democratic country that steals children from parents for money. DO SOMETHING BEFORE IT IS YOU! CALL YOUR STATE SENATOR AND CONGRESSMAN TODAY...I DARE YOU...BECAUSE WHEN IT HAPPENS TO YOU, YOU WILL BE SO OVERWHELMED WITH GRIEF AND SHAME AND FINANCIAL DEVASTATION THAT YOU WON'T BE ABLE TO CALL FOR HELP THEN. EX PARTE ABUSE IN CUSTODY CASES IN GEORGIA |
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#17 |
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Shame on whoever wrote this. Any judge that places the rights of the parents before the children's should be removed. A child that is forced to continue visitation with their abuser will only endure more pain and abuse that will haunt them for their entire life. This type of abuse has to stop. These judges play god in court and go home with no accountability.
There was no anger, just frustration with a terribly broken system that is hurting children. Originally Posted by tbyte:
So are you claiming that this judge was a misogynist, a racist, a homosexual, or all three? You, ma'am, have severe anger issues and come across as completely unstable. If this is how you spoke in court, then it is perfectly understandable why the judge dismissed your concerns and your attorney gave up on you. |
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#18 |
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It's a naive person who has no experience with the family court system who believe judges put the best interest of the child first. There ARE biased judges, they are just as human as the rest of us.
If every judge who placed the parents in front of the children were removed, there would be no family court judges left. If a child grows up in a healthy, functional environment, what money does that child bring to the coffers of our system? None. This is why the best interest of the child is a joke. Why is it then, that judges consistently uphold the rights of the child molesting parent to continue with court ordered visitation? Is that in the best interest of the child? It happens every day, however. Incidentally, that child molesting parent retains his civil rights, such as not having his license(s) arbitrarily taken from him, among other atrocities thrown at fathers who cannot keep their heads above water enough to keep up with, many times, exorbitant child support amounts. Is failure to pay child support more of a crime than molesting one's own child? Let's start getting serious here. |
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#19 |
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Why is it that a court appointed custody investigator did not fully complete the custody investigation. Wrote a biased report ( incomplete and not acurratly documented) the report was mixed up (with tid-bites the opposing family) fabricated information. Yet during trial everything in the report was rebutted and 8-12 family members wrote separate testimonies regarding the report. The judge still made a very poor decision to leave two children between the age of 5-10 to a very abusive and sociopath parent? I thought the judicial system was to protect and serve the public? With children that are very impressionable, are we not to protect them? Or do some want to ensure that this smoke and mirrors judicial system have future employment (as children will develop into what they are exposed to)? So do we save our future and educate? Or build more prisons?
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#20 |
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I've seen more than my fair share of family court hearings in a couple states (as a cs officer, altho a long, long time ago as a cp).
When parents come in pro se you can just see it on the judge's face. The problem is, parents have little ability to separate the wheat from the chaff, I get it, it's emotional and these are their little darlings. The fact remains tho that most hearings (not all...) should be over fairly quickly. Here's what I want, here's what he wants. This is what the law says. Here's what we can agree on. Instead, mom has to provide discussion of every he said/she said phone call in the last 5 months. Grandma always takes Jimmy to the park on Saturdays. Really? Make it Tuesday. It just goes on and on ad nauseum. Oh yeah, a favorite - I send her in clean clothes and she comes back in dirty ones, can you order him to send her home in clean clothes? Unfortunately, it's often not better with an attorney. You've paid this person every last dime you have, and they are just now glancing at the file waiting for the case to be called and can't remember your kid's name. Judicial bias is inexcusable, but they are human, and it happens. Sometimes it comes down to who is more believable, and it's not necessarily always the person telling the truth. As for CPS, I've only ever dealt with them in Texas, and here if they see true negligence/harm they swoop in and take not just the child being reported, but every kid in the house. I had to deal with them once personally, in trying to help my granddaughter. And yes, the family can be paupers and live in utter filth, my granddaughter never even got to sleep in her crib bc it was full of dirty clothes, etc. As long as their was food/milk/diapers and no unexplainable bruises, nothing they could do.
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There is no "we" here. It is his kid and her kid. You my friend, are just the current bed-warmer. If your boss treats you like dirt, quit. You can't sue him for your low self-esteem. Yes, we do have all the reproductive rights. We also have all the reproductive responsibilities. Care to try those on for size, big boy? |
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