Legal Question in Family Law in Florida
Is there a way to get a different judge in a family court case? The judge my husband has been dealing with for the past 5 years keeps siding with his ex-wife even though we have tons of evidence showing everything she has done wrong; not following court orders, calling police to our house for false allegations, repeatedly contacting his job and telling them lies about us, verbally abusive conduct when picking up/dropping off child for visitations, hiding child and not allowing access for my husband's allotted visitations, nasty emails and voice messages, etc. The list goes on and on. We have proof of everything and also proof that his ex has lied to the judge numerous times, including on the financial affidavit. Yet the judge wont look at our evidence (he picks & chooses what he "feels" like looking at) and still sides with her most of the time. Can we get a new judge and how?
1 Answer from Attorneys
Your better option would be to prove your case. If she is calling the police and the report is false, then the police should file a false report claim against her - you should speak to the officer in charge. Verbally abusive conduct in front of the children is a form of domestic child abuse, you should file a report in the domestic unit to have the judge in that unit hear the case. Since you are having such a difficult time with her, I suggest you file a modification of custody - asking the court to sanction the ex and present your evidence at that trial. Most judges do not want to lock up the ex because ofthe harm charged against the children - it sounds as though you have enough informaton that she is abusing the children and therefore may not be the proper parent.
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