Legal Question in Family Law in Indiana
Should the judge have removed hisself from this case
My daughter married a man from a small town where his family money is well established. The judge in town heard the case even though he works with the ex-husband's father and grew up with the ex-husband's mother and takes calls from her at his home. Is it right for him to have heard this case? The ex-father-in-law is a county jailer and works in the same courtroom with the judge on a regular basis. The ex-mother-in-law has been a friend since childhood and they went to school together. I have never thought that he should have heard this case in the first place, much less been the only judge involved in the last 3 years. I guess I don't have to tell you that the ex-husband wound up with everything even the daughter. And after he got custody of her, he went around town telling everyone that he didn't want the daughter, he just wanted to hurt her mother. Is this legal? Did my daughter receive any justice at all? Can she receive any justice at all? Can't someone do something to help her?
1 Answer from Attorneys
Re: Should the judge have removed hisself from this case
This situation is not completely unheard of in smaller counties. If you had these concerns at the beginning you should have discussed a change of judge or venue with your attorney.
There is a presumption in Indiana that
property is to be divided on a fifty fifty basis. That presumption can be rebutted and the percentages increased and decreased. However, I have never heard of one party geting everything. If that was the case, then there was probably an abuse of discretion. Depening on the cirsumstances of your case, you amy wish to file a Rule 59 Motion, a Rule 60 Motion or an appeal.
You have not given enough facts regarding the Child Custody for me to respond to that issue.
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