New Judge assigned

Tips on divorce for men considering or starting the divorce process. Get marriage separation tips for men in this divorce forum and child custody forum.

New Judge assigned

Unread postby whatever_works » Thu Apr 20, 2017 10:31 am

Since my judge was not keeping well, he took early retirement and now a new judge has been assigned to my case. This [new] judge was the original judge assigned to me when my wife filed and he had to recuse himself. After the temporary order, I was told that the judge's sister hired my wife's attorney for her divorce. Seeing as there could be a conflict of interest, I was given the option of changing my judge. I took that option and landed with my second judge (who seemed to be favorable to shared parenting).

Does anyone know if this judge can be assigned back to my case after recusing himself? Should I ask for a different judge as my lawyer did not mention his name in the very short list of judges in my county favorable to shared parenting?

Thanks for any feedback.
whatever_works
100+ Posts
 
Posts: 252
Joined: Tue Jun 02, 2015 6:22 pm

Re: New Judge assigned

Unread postby dofb » Thu Apr 20, 2017 10:57 am

Conflict of interest. Ask for a new judge.
dofb
50+ Posts
 
Posts: 54
Joined: Sat Mar 18, 2017 9:29 pm

Re: New Judge assigned

Unread postby RockyCali » Thu Apr 20, 2017 11:07 am

Should be a slam dunk. If not, what transpired since the time she recused herself that would now allow her to preside over the case?
User avatar
RockyCali
100+ Posts
 
Posts: 288
Joined: Mon May 12, 2014 3:22 pm

Re: New Judge assigned

Unread postby Tom Kirkpatrick » Thu Apr 20, 2017 11:08 am

I see no conflict of interest. But then again, that doesn't mean there isn't one.....or won't be one.

As things now stand, what are the terms and conditions for your Temporary Order?? Are you OK with it?? Is anything pending before the court??

whatever_works wrote:.....the very short list of judges in my county favorable to shared parenting?
Since this judge has recused himself previously, is there another judge you can pick??

As a matter of proactive case management, when it comes to "your" choice of judges, it's always good policy to keep your options open. Do your research. If this judge recused himself previously, you may want another one. Keep in mind, having opportunity to choose a judge is a rare thing. So choose wisely.

whatever_works wrote:.....I was told that the judge's sister hired my wife's attorney for her divorce.
What's the status of this case?? This is a need-to-know kind of thing. And you need to know.

Tom
Everyone is entitled to my opinion. - Maxine™
Tom Kirkpatrick
5K+ Posts
 
Posts: 7052
Joined: Thu Mar 03, 2005 11:31 pm
Location: Pacific NW

Re: New Judge assigned

Unread postby whatever_works » Thu Apr 20, 2017 12:11 pm

Thanks for all the replies. I am not sure if my first post made this clear - my wife's then attorney was different. She has had four new attorneys since. The first attorney she hired was pretty good. The judge's sister picked the same attorney. The judge recused himself. Then my wife moved on to attorneys # 2, 3, 4 and now, 5. Now my case needs a new judge. They assigned the first judge again. Presumably the judge's sister may have finished her divorce by now. If not, my wife is not using the same attorney anyway. But you could argue that there might be some lingering bias due to the common attorney. It's a stretch. But a case could be made either way.

I agree that I need to choose wisely. That is why I am asking here before asking my lawyer (or, more accurately, while waiting for my lawyer).

I have not found anything on the judge online. I would probably have to go sit in court. But that is time consuming, expensive (parking) and a huge hassle with iffy results. I'll do all that to research my judge - but not every judge.
whatever_works
100+ Posts
 
Posts: 252
Joined: Tue Jun 02, 2015 6:22 pm

Re: New Judge assigned

Unread postby whatever_works » Thu Apr 20, 2017 12:15 pm

Tom,

I am not happy with the temporary order. It has been changed several times since it was first issued. But it started out really bad for me. EOW 5 hours. 25% more than guideline CS (I was asked to pay mortgage in lieu of CS). Now the order has been modified due to changing circumstances. I get EOW Friday to Sunday with the kids and dinners once a week. CS is still hefty despite job losses on both sides. Not a good TO at all.
whatever_works
100+ Posts
 
Posts: 252
Joined: Tue Jun 02, 2015 6:22 pm

Re: New Judge assigned

Unread postby Tom Kirkpatrick » Thu Apr 20, 2017 10:36 pm

whatever_works wrote:EOW 5 hours.
Seriously?? A three strike felon can get EOW, Fri thru Sun, with overnights in between - and mid-week dinners.

Your parenting time is all about best interest. Don't let anyone tell you otherwise. You've gotta work to get that changed.

Tom
Everyone is entitled to my opinion. - Maxine™
Tom Kirkpatrick
5K+ Posts
 
Posts: 7052
Joined: Thu Mar 03, 2005 11:31 pm
Location: Pacific NW

Re: New Judge assigned

Unread postby grandet2 » Fri Apr 21, 2017 7:25 am

OP,

You need to file motion to:
1. Reduce CS
2. Increase parenting time

Make it sound like the court to needs to consider current situation, no job etc, quote case law and specific language if you need to appeal the judge's decision.

1. Sound very frustrated with the atty about the court inability to make the correct decision and how pissed you are and you are willing to follow through to the highest court and raise hell about it.
2. Go to the Court records dept and pull the judge's sisters case and read it end to end.

What was the rational behind giving your EOW? What did your atty say about it?
“A woman worries about the future until she gets a husband, while a man never worries about the future until he gets a wife.”
grandet2
10+ Posts
 
Posts: 25
Joined: Wed Apr 19, 2017 10:02 am

Re: New Judge assigned

Unread postby whatever_works » Fri Apr 21, 2017 9:02 am

grandet2 wrote:What was the rational behind giving your EOW? What did your atty say about it?


Thanks Tom and GT.

The time it was decided was 2.5 years ago with a false DV charge. I was out of the house and was living through the worst nightmare imagined on these boards.

When I talk to my attorney, he seems unconvinced that any judge is going to change the parenting time and CS (temp order) before the trial. I was led to believe that that isn't even an option. So I am waiting for the trial.

Also, my state does not have the option to read case history like you describe. I asked a court clerk.
whatever_works
100+ Posts
 
Posts: 252
Joined: Tue Jun 02, 2015 6:22 pm

Re: New Judge assigned

Unread postby Tom Kirkpatrick » Fri Apr 21, 2017 9:43 am

whatever_works wrote:I was led to believe that that isn't even an option.
Bad advice!! In this game, everything's an option.

Bottom line: It ain't over 'til the fat lady sings Bro, and your decree is signed by the judge.

Tom
Everyone is entitled to my opinion. - Maxine™
Tom Kirkpatrick
5K+ Posts
 
Posts: 7052
Joined: Thu Mar 03, 2005 11:31 pm
Location: Pacific NW

Next

Return to Before and During Divorce Forum

Who is online

Users browsing this forum: Timeflies, workdog3, WunderWa11 and 17 guests