Legal Question in Family Law in Florida
How do I file a motion for a new Judge? I recently went through a child custody battle, and I fought this battle without a lawyer, and against one. The Judge awarded the mother with 60% custody and primary residential parent, and awarded child support. The mother is unstable, and has moved 6 times since the filing date, and my daughter missed 32 days of unexcused absences, and changed schools 3 times her kindergarden year. At the Final Judgment hearing the Judge ordered that if my daughter missed more than 5 days unexcused, that would be means for substantial change in circumstances. To add to it the mother of my daughter, was with a boyfriend who assaulted the mother while all 3 of her children were in the home, then moved to the home of the father of her 2 younger children. On the 29th of December the mother and him got into a bad argument, she left with all 3 children, and he committed suicide. I filed a motion for a 1 hour hearing, due to the change in circumstaces, and the mother's failure to follow the Judge's order, and I was denied. Now Iknow that this Judge is does not have my daughter's best intrest at heart. As a father this is eating me alive, when he made a specific order for the mother to follow, and when she fails to obide, he still allows her to fail her parental responsibility. How do I file a specific motion for a new Judge, or a proper motion and proposal to obtain primary custody of my child.
4 Answers from Attorneys
Have you filed a Supplemental Petition to modify the Final Judgment? Did the Judge say why your motion for a hearing was denied? It may be because you did not follow the proper procedures more than the judge being biased. You cannot necessarily ask for a new judge due merely to the fact that you do not agree with his decisions,
You have to file a petition to recuse the judge. However the motion is heard by the same judge and is usually denied. Contact my office for free consultation 727-446-7659
I would suspect you have not filed the right documents in order to gain custody of your daughter. When it comes to children, pro se is not the best route. Attorneys know how to handle these issues. I suggest you hire an attorney to represent you in this matter. If I can be of assistance please contact my office for an appointment 904-997-1031. What you should have filed was a Motion for contempt/enforcement, notice of hearing and prepared a Petition for the Contempt. This is why we state there are no do overs when you represent yourself. What you presented is what you were ruled on.
If you had a court reporter, you need to get the transcript of the hearing and take the transcript to an attorney with all the documents you filed, your ex responses and the Judge's Ruling (Order)
This will provide the attorney with enough information and allow for a through review of your case. The attorney may be able to file appropriate motions (in the event yours was not the most suitable for the facts), do a motion to set aside (vacate) or an appeal.
Meet with an attorney with your case file as soon as possible.
Natalie Hall, Esq.
www.ndhlaw.com
(407) 412-7035
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