Legal Question in Family Law in Michigan

Unfair hearing

I have a close friend that i believe is getting an unfair trial regarding the custody of her daughter. What i believe to be at her disadvantage is the fact that the man she is divorcing''s mother is an employee of the judge. I believe this to be a conflict of interests. My question is, Would it be possibly to have a change of venue for her case. To have it heard in a different court, by a different judge?


Asked on 5/20/08, 5:59 pm

2 Answers from Attorneys

Re: Unfair hearing

It may be possible to switch venue or judges. The woman's attorney should look into that option.

Read more
Answered on 5/20/08, 10:32 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Unfair hearing

You or your lawyer would have to file a motion for change of venue, or a motion to have the judge recuse himself, for the reasons stated in your question above. That does not mean that the motion would be granted, as the general standard is that there must be actual bias, versus just the appearance of bias, to have a new judge put on your friend's case.

If your friend has a lawyer, have her discuss this with him or her immediately, before the trial is over or a final judgment is entered.

Read more
Answered on 5/23/08, 9:37 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Michigan