Legal Question in Family Law in Maryland
Judges assigned to cases after they are closed
After a divorce decree is issued and custody decided, can a judge require that all future appearances or decisions come only before him and no other judge?
2 Answers from Attorneys
Re: Judges assigned to cases after they are closed
The answer depends on what court, what county, you are in. Some courts assign a particular judge to deal with a case as long as the case continues, and some don't. In any event, if a matter needs to be heard and the assigned judge is on vacation or unavailable for any reason, another judge will hear the case. It may seem that when the divorce is final and custody has been decided, the case is over and the judge who heard it should have no more involvement. Unfortunately, some divorce cases go on long after the divorce is final. The court, and the particular judge in some courts, have continuing jurisdiction on matters of custody, child support and visitation, and it usually makes sense that the same judge, who is familiar with the people and issues, hear any actions to modify custody or visitation, or any actions for contempt of court if a party ignores the court order. If you feel the judge who heard the case is biased, and if you have some genuine reason for that feeling, you can ask the judge to recuse him/herself.