Legal Question in Family Law in Minnesota

Re: Conflict of Interest

Thank you for your question.

I presume that this action is pending in Minnesota, and not in Illinois, since the statute you reference provides for custody actions that are commenced by someone other than a parent. I further presume that the child is resident in Minnesota.

The fact that injunctive relief was granted prior to hearing does not constitute bias, or give you grounds to remove the judge. Moreover, the fact that the petitioner may know the judge may or may not be relevant, depending on how well they know each other, and whether they have communicated about the case outside of court, among other things. In many communities, particularly in small towns, it is not uncommon for a judge to be acquainted with many of the people who appear in his or her court. That alone does not require the judge to be removed from the case. As a general matter, a judge should not hear a case if he has an interest in the outcome of the case, is biased, or if there is an appearance of impropriety. In most instances, this is very difficult to establish, and removing the judge will not necessary help you, depending on the other judges who are on the bench in that county.

You should review this matter with an attorney. I would not recommend you attempt to represent yourself and just "plead your case." I presume that, because some sort of emergency order was entered, there are likely allegations of abuse, neglect, or of some other condition that may endanger the child. It is entirely possible you could be drawn into a CHIPS proceeding, in which the County requests an out of home placement. Without additional facts and information, I cannot otherwise comment on your case, except to encourage you to hire a lawyer.

Contact my office if you want advice or assistance with this matter.