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; Anyone know how to get a Judge removed from this type of case? It is plain as day that he ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Dec 4th, 2008, 10:09 PM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Confused Remove Biased Judge from Custody/Divorce Case?

Anyone know how to get a Judge removed from this type of case? It is plain as day that he is totally biased. There is no justification for his actions. And yes, I have a lawyer. Need outside advice and wouldn't mind a different Judge hearing all of the facts since this case is falling on deaf ears.

Being unjustly treated.
  Reply With Quote
Sponsored Links
Top crime attorneys
Old Dec 4th, 2008, 10:43 PM   #2
Moderator
 
tbyte's Avatar
 
Join Date: Apr 2008
Posts: 1,908

Default re: Remove Biased Judge from Custody/Divorce Case?

Difficult to get a judge removed from a case unless you can prove they have a conflict of interest.
What you (and your attorney) need to do is make sure that you present all the evidence and testimony necessary for an appeal, should the judge rule against you.
In your appeal, you must argue issues of law, not issues of fact. That means you must make sure all necessary facts are raised in the court transcript, and you must make sure you can point to a law or precedent that the court violated.
tbyte is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Feb 18th, 2009, 03:22 PM   #3
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Unhappy re: Remove Biased Judge from Custody/Divorce Case?

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?
  Reply With Quote

Did you find this post helpful? Yes | No
Old Feb 18th, 2009, 07:52 PM   #4
Moderator
 
tbyte's Avatar
 
Join Date: Apr 2008
Posts: 1,908

Default re: Remove Biased Judge from Custody/Divorce Case?

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.
tbyte is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Mar 5th, 2009, 12:33 PM   #5
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default re: Remove Biased Judge from Custody/Divorce Case?

Despite what Tbyte the moderator said, I understand your pain. People who have never been through the court system today desperately trying to prevent their abused children having contact with the abuser only to find themselves and their children victimized even more by the legal system and biased judges cannot imagine what that feels like and what it can do to you to have to give your child over to that abuser. Esp. when that same abuser kidnaps your kids and plays all sorts of other dirty divorce "stuff" which the law and the judge allow him to do to mess with your mind. The system is corrupt and the corrupt use it. Please refer to books and articles written by Dr. Jeanne King, Ph.D. on abuse and the way men use it for revenge along with support from YOUR OWN COUNSEL. She calls it Legal Abuse. I divorced my husband of 22 years for the emotional,financial,and physical abuse of our children and I. The judge treated my lawyer so rudely and picked on her for trivial things and let lies,failures to comply, pathetic excuses, playing the blame game, stall tactics, and contempt go unnoticed for my husband's defense. My ex threw a five minute rage at me from the witness stand at our final hearing even beating on it with his fists proving every accusation I made against him before the court to see first hand and the judge ignored it and allowed it. I hired at great expense an excellent counselor with a resume over 10 pages long who gave a wonderful and unbiased testimony as to the abuses my children shared with him and the judge picked on me for not calling the cops when it happened to document it. That I gave my ex the chance to get therapy instead of divorce didn't count and made it my fault. The judge harassed my lawyer not to keep him there all day with witnesses so my lawyer and did not call witnesses that would have helped me and then the judge implied that I must have, in his opinion, lied about the abuses since we did not call my minor child to witness. After his rage and the testimony of the counselor my lawyer said she felt we had won and said she wanted to "spare my child the experience of having to testify against his father." Now I read King's book and see how she betrayed me and how I was caught in the good ol boy legal system where we live in TN. All my ex had to do was run all over town accusing me witchcraft and being a satanist in this bible belt town to rally several church congregations and this judge behind him. I am not either of those of course and he wouldn't even step foot into a church with me before his divorce adviser (lawyer?) told him how to slander me politically. I'm lucky that he didn't get full custody and see now how he had at first tried to make me appear crazy and when he didn't succeed in that he went after the child he beat to try and discredit him. It is a common ploy used against women in court and its a good thing I never went to find aid from a shelter because it looks like the psychological evaluation they give as part of their services (per King) would have helped him prove I was unstable paving the way for his getting the kids. Count your blessings that your ex only has visitation and tell others about this Dr. King and how this works. Our government should protect us from abusers and rotten judges and lawyers. They say they will. They have billboards supporting emotional abuse but, there is no support for it at all. We should have the right to another judge. I had many grounds to appeal but decided not to put myself and my children through another two years of mental and financial hell of fighting my sociopath ex only to have my case end up right back in the lap of the same unfair judge once again. I would have switched judges from the first time we appeared in court based on his mistreatment of my lawyer alone and had I the resources would have dumped her for another at he same time. Now I have put it in god's hands to make this right for us. Oh, and you can "bet your sweet bippy" as my grandmother used to say, that that judge did not want to touch the fact that your ex if he is as you say a "homo". I grew up in the 60's and was treated poorly by a black teacher with a reputation for abusing blond haired blue eyed kids and the principle wouldn't touch her either. The majority vs the minority are victims of overzealous attempts at equalization within our society which protects those eager to abuse it. So if you are a bit defensive and jaded I feel for you. Don't let others tell you that this is your fault for being discouraged and being treated unfairly if you were. Why do we do that to people? Why do we punish those seeking help? Does anyone in this bipolar world have the ability to muster some compassion and neutrality? Why do we tell them its their problem? 10% of the white male race here in the USA are abusers. One out of four people here in the USA are borderline personality disordered or out right sociopaths. They help each other. Pray for the new world they worry about so much. They are scared to death of being revealed for what they are.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Mar 20th, 2009, 02:51 PM   #6
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default re: Remove Biased Judge from Custody/Divorce Case?

im in the same painful place. im fighting for custody of my 7 year old son. the only way im going to get my son is to break my ex husbands wallet. His new wife will get tired of spendind money on lawyer fees. I have proof that the new wife smokes pot around my son. CPS wouldnt demand a drug test, I done mine. I couldnt get anybody to listen to my concerns. I went as far as to run with my son out of state. They found us and i went to jail for 7 weeks. During the 3 mos. before I ran the judge kept modifieing my visits he refuse to listen to any testamony that would clear the false algations. at this time i only get to see my son on sat & sun 9am to 6pm supervised. The only way I'm going to get my son is to keep costing my ex and wife money to fight this. If anybody can give me ideas of keep taking them back to court please tell me.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Aug 14th, 2009, 05:57 PM   #7
M.T.
Guest
 

M.T.'s Avatar
 
Posts: n/a

Angry re: Remove Biased Judge from Custody/Divorce Case?

I am in the same issues with the court/judge in NYC. The judge did not allow me to give my side of the case. I came to give a very good legel case with scientific studies and a letter form the 4year old's doctor. The judge even got a cell phone call from some one and then order me to leave the court room for she can have a nice little chat after we had a 1 and a half hour lunch. About 5 mins. later a CO came and out and told me that she was ready agian. Then this lady just told me that she will not remove the OOP because she was leaving for vacation intill the 2nd of Sept. And tat I should have never used up he courts time. She clearily dosent like me because Im Roma-American and thinks that we all are thugs and cold hard law breakers. She dosent even think that my aunt is my aunt but thinks that she is my mother. Yes, a record states that their is a name confusshion but still wont look at the proof that I brought to the court.
I so need help on removing her from the costody case. She will not allow me to give her proof/ evidence to sopport my case. All of this is wrong because she placed a OOP on my aunt the only person that is a female support to my 4 yr. old niece.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Aug 15th, 2009, 12:15 AM   #8
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default re: Remove Biased Judge from Custody/Divorce Case?

Quote:
Originally Posted by Unregistered View Post
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?
so he is a raciest because he is worried about stepping on gay rights? i did not realize gays were a race.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Aug 15th, 2009, 08:14 AM   #9
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default re: Remove Biased Judge from Custody/Divorce Case?

Quote:
Originally Posted by Unregistered View Post
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?

What should you do? Talk to the press exactly as you are talking now....we want to watch it all when they post it on youtube....how embarassed you will be!
  Reply With Quote

Did you find this post helpful? Yes | No
Old Aug 15th, 2009, 08:16 AM   #10
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default re: Remove Biased Judge from Custody/Divorce Case?

Quote:
Originally Posted by M.T. View Post
I am in the same issues with the court/judge in NYC. The judge did not allow me to give my side of the case. I came to give a very good legel case with scientific studies and a letter form the 4year old's doctor. The judge even got a cell phone call from some one and then order me to leave the court room for she can have a nice little chat after we had a 1 and a half hour lunch. About 5 mins. later a CO came and out and told me that she was ready agian. Then this lady just told me that she will not remove the OOP because she was leaving for vacation intill the 2nd of Sept. And tat I should have never used up he courts time. She clearily dosent like me because Im Roma-American and thinks that we all are thugs and cold hard law breakers. She dosent even think that my aunt is my aunt but thinks that she is my mother. Yes, a record states that their is a name confusshion but still wont look at the proof that I brought to the court.
I so need help on removing her from the costody case. She will not allow me to give her proof/ evidence to sopport my case. All of this is wrong because she placed a OOP on my aunt the only person that is a female support to my 4 yr. old niece.
she may not like you because it looks like you went in Pro-Se and you were going to present a bunch of junk!
  Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
None

This thread has 106 replies and has been viewed 28935 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Ex Motions Against Me & Biased Judge chelle123 Other Family Law Matters 10 May 2nd, 2012 09:48 AM
fraud document by ex-husband in divorce with biased judge Unregistered Divorce, Separation, Annulment 6 Jan 24th, 2012 11:53 PM
Can the same judge that tried me for a criminal case judge us in the custody case? Unregistered Child Custody & Support 3 Dec 22nd, 2010 04:50 PM
Prop. 8 Defendants Ask Judge to Remove Himself From Case WSJ Law Blog Law News 0 Dec 2nd, 2010 08:50 AM
North Carolina Biased Judge Unregistered Child Custody & Support 1 Aug 14th, 2010 02:42 AM


Top crime attorneys


All times are GMT -5. The time now is 05:54 PM.