Remove Biased Judge from Custody/Divorce Case?

Family court follows legal guidelines the most loosely. Most family courtrooms have lazy judges who just want to go home at the end of the day, and will sign anything in order to do so. They are the most arbitrary in decision making, and it is this court forum that has the heaviest hand in breaking families apart and encouraging no daddy in the picture. Sad, but true.

Originally Posted by Unregistered:
I just completed a case with a judge who was completely bias against my case for reasons of previous negative judgemenents of single mothers from other cases. He went as far as constant case quotes from the past cases as if our case was exactly the same when they were no where near that. It seems that the judge was so worried about steping on gay rights than focusing on the main issue of the child's protection. He even went as far as making a completely bias statement not supported by any evidence. And yes I too have an attorney if thats what you want to call him because he didn't even stand up for my rights of being pre-judged by a racist judge. Now my kid is ordered to continue visitations with the man that abused him!! Im now faced with the choice of having to go to the media with this because no one seems to have the balls tostand up against a homo abuser. What should i do?

First off, I am not an Attorney. Just another victim educated at the "School of Hard Knocks". Try to ignore naysayers! Of coarse your angry. Though it is true that it certainly effects the Judges decision making, does not mean it's not valid. Keep your cool. You can apply for a motion to disqualify the Judge. If you have not done this before. Judges and Attorneys are bound by a certain "Code of Ethics". Make sure by thier "bias" they are not breaking any of those. You can also look up thier "History". This is available to the public online. It's not just "We the People" that are scrutinized!
Inquire in the self help center at the Court. You can fire your Attorney right there, on the spot in Court, if you do not agree with his approach. Or if he tries to go back "In Chambers", especially without you. The things discussed back there are not neccessarily recorded. (no Court Reporter present there) The Court reporter types (hopefully) ALL that is said in the Courtroom, so keep this in mind, and try not to talk over others. However if you have important facts to your case, make sure they hear your argument while she's typing. At least the important part. But be careful of that ol' "Contempt of Court" thing they try to use against you. If you do not agree with the final judgement in the Court you can file a "Notice of Appeal" in that Court. There are time frames, (within 10 days I believe) so do your homework. There is a vast information highway right at your fingertips! (via the internet) Good luck and pray ALOT!

I believe the woman who said the judge gave more visitation to the abusive father. It happened in my case, only to have my son abused again. Wake up and get the chip off of your shoulder! Just because you can't imagine someone being so horrible, doesn't mean they aren't!

I am also trying to get a mistrial as my child and spousal support order was not enforced allowing my husband to get almost $20k behind during the 2 year litigation. Seven attorneys and I did more for my son an my case then all of them put together! Oh, 6 of them fired me, but each time the new attorney explained how the last committed malpractice!

My husband lied on his affidavit of financial means and in his pleadings, however the judge just looked the other way, even when his attorneys lied on the phone to her. She went so far as to have the reporter change the transcript to cover up the lie! Now that is corruption! Still she probably thinks she is a good judge, taking care of that over zealous woman who filed a complaint against her judge in a different county for stopping the support payments on an exparte hearing. What a bunch of crap! Where is the justice?

I hope we will all find justice and those who balk are responsible for this crap continuing! Sorry for you ladies who like me have to put up with the bull****! God bless you!

The Judge (Judge Essner) in St. Louis, MO basically said that even though my ex-wife has a four year degree and I don’t. And my ex-wife is employed and I have been unemployed with no income since 7/07, at no fault of my own. (was bed ridden for two years) the judge thought that he should impute income to me higher than my ex-wife makes and said that I should pay 85% of the child support needed to support the kids. Yes you heard that right. Keep in mind, I have never been late on child support EVER, and I have shared legal and physical custody (50-50). And it is said that this Judge is a fair judge. I am glad I didn’t a different judge, no telling what it would cost me. The Laws need changed…

Oh, by the way, this judge is a professor and teaches law at a big college.

[waiting for justice]

the judge on my husbands child support case was a woman and if I knew I could name her i would. its in CT. she left my husband with $10.00 a week for months. His ex got 4650.00 a week and he was left with $10.00. they have one child. She wuit her job, filed for divorce and decided to have a hysterctomy that she knew she eneded for 20 years. she played the system very well. I dont know how this is leag to leave a mn with 410.00 a week to live on. and she is perfectly capable of working. its been 3 years and she still doesnt workshe said she had complications from her surgery but i drove by her house one night actually the night before the divorce and she had one of her married cop boyfriends at her house for the night. then she went into court the next time and she said she had permanent nerve damage, now all the while the judge is not asking for medical documentation to prove this and they didnt care, then the next time she went to court she said she was being tested for MS. again the judge never asking for medical and legal documentation,. Now my husband had surgery on his shulder and he had to pay $500,00 to the dr to get a one page document saying her had surgery and he was out of work, This state sucks

Judges have all the power in the world. "The system" claims that it is all about what is best for the children, but too many times it is the children who pay the price. For anyone in this forum to cut down a parent for being emotional is just cruel and unnecessary. Custody is likely the worst and most emotional process anyone will have to endure in their lives. The only people who win are the lawyers and many of them will have some serious explaining to do to the ultimate judge...

Now don't get me wrong, many judges and lawyers see very clearly how they can help in these difficult situations and they do a lot of good for children's lives. But I wonder, should we have to go through a court system to have a result that is best for our kids? I think not. My custody battle is now going to appeal court -the trial judge was biased. Get a good lawyer is all I can say. One that specializes in appeals. I am asking to get a parenting co-coordinator assigned because I have come to realize that the system is very limited and is too much of a gamble, especially when there are some very bad judges out there.

My wx-husband and I are in a custody case, filed in November of 2009, against my mother over our son. It appeared that the judge was going to be fair and actually hear the case. Up to now we have only had one 'pre-trial conferrence' in December of 2009. Since then there has been no movement forward. The judge has made rulings on everything without holding a single hearing and just signing the orders written by the opposing attorney. The judge has even neglected to hold an evidenciary hearing that he even stated would normally happen. My ex-husband and I have presented facts and statutes that support holding a denial of due process hearing. Yet there has never been a hearing. We have requested visitation review hearing and nothing. I don't know how to get this case moving. How can the judge just disregard all facts adn laws that support that we were denied due process? He even stated that a hearing on this would normally be held yet refuses to do so? Can anyone help?

Don't you people get it????? Do you actually think a Judge gives a hoot about you.....your ex & your kids? Figure it out and use what you have between your flipping ears!! The Family Law system and or process or whatever you want to call it is all about money.......nothing else!!! It has absolutely nothing to do about what is best for the kids.....it never has and it never will! The ONLY ONES that will determine that is the parents of the kids, not the Judge, lawyer or whomever you think is involved in Family Law. Don't be so foolish in thinking that it does because divorce is an industry now....a money making industry that has grown into huge business. The only ones that profit are those involved who making a living at it. The divorced parents never will and above all, the children never will either. The only way the divorce industry and this joke of a Family Law system will ever change will only happen if the ex's can get their heads out of their a** and START to put their kids FIRST....FRONT & CENTER and not their stupid selfish ignorant selfs and some archaic ridiculous system that they think will assist them for the betterment of their kids. Ya right....don't hold your breath! You would think these people would have learned something by now............................................GIV E YOUR HEAD A SHAKE! As if the judges, lawyers, court personnel truly care. Its begins with the stupid dummy parents to move forward and make it happen in the best interests of their kids. As if a judge who is a complete stranger as well as a lawyer cares, about these parents lives, their kids & making decisions for their families. Who's kidding who here??? Its the parents who know whats best for their kids, not some judge and a Family Law system!!!!!!!!!!!!!

Look, First you must tell everyone you know how "unfit" this judge is and why in a simple paragraph, Make a small flyer up: Name the Judge and bullet the violations of Judical Code and if applicaple the crime they committed. People know how corrupt politicians are and judges are politicians.

Make a video and put it on youtube to gain support. Produce it as professionally as possible.You should contact all local legislatures and assemblyman in your district with an email (percise) and ask for an audience with them. This may begin to put pressure on that judge. Contact the state court administrators office and inquire where to submit a formal complaint? It's like a club these people all cover for each other.

Contact all the newspapers in your area see if they are intrested. Remember stick to the facts!!!

Find out on line when this judge is up for reelection and tell everyone you know to vote for one of their opponents.Draw up a petition and send copies to your local politicians (see below.)

I'm doing the same thing, finding out how to do this the hard way. I was before a corrupt family court judge, she is literally friends with all my opposition and they basically all work together to get "THE RESULTS THEY WANT" She changed testimony and alot more.

I'm now on my way to be a serious non stopable advocate for exposing this corruption and changing the many bogus family court act laws here in New York State. Me and my sympathizers will get this judge out by her not being reelected again. They are so sneaky around here, Westchester County, New York that I woundn't put it past this bit.h to get her cohorts to manipulate the election process so she gets "appointed judge" for another term. These people are power hungry and lazy and will go to any length to keep that power . They have no regard for JUSTICE!

Lastly, most politicians and judges and all the bad buecratic cronies who work in the "courts" want us the American Public to believe they are autocrats, Kings or dictators who will hold their office until they retire. This is false! We Are The Government !!! Let's not forget it !!! Vote and let our politicians know your views and opinions. Tell your friends to do the same. We can and will make changes. We make a difference and don't believe otherwise. It's work and a uphill climb combating this stuff but it very rewarding.

Good Luck,

Feel free to contact me. ssteve318@yahoo.com

I agree with you competely. If parents stay married the children get interaction with both Mom and Dad. And outside of abuse when we divorce the father does not get to see the children everyday. Even though in them seeing the children everyday while married was probably minimum at best it still gave them some satisfaction at the end of the day to say hello to their child.

SO I would say in the best defense of Mothers to keep their children after divorce.....even if he left you for another woman or you left him....you should have your child call the father and tell him goodnight if nothing else and document each time you do this....Extend a couple of hours here or there throughout the week maybe even say while you are grocery shopping to let the child go to their dads and have him bring them home. But if you do this be very clear to the father of your child that you are not doing it because you desire to see them but you are only extending them time with their child. I would not say do it on a set schedule unless you want the judge to make it part of the schedule but just enough to make it better. Normally while married you might say to your husband...Im gonna run to the store and leave the kids here with you. Ill be back in an hour and nothing would feel weird. So don't make it feel weird to your children by saying Im gonna run to the store and you are going to your dads while Im there. View it as what time your child would have with the father had you still been married and what you would have been comfortable with then saving all the other drama. I say all this outside of the fear of abuse.