Legal Question in Family Law in New Hampshire
Can I sue the County & or the Judge
A little over 10 years ago. I moved my family from NH to Utah because my childrens biological father who I had been divorced from for a few years continued to interfere and threaten my life. The last incident I finally reported and I filed charges against him (Sexual Assault). As leverage he filed for Custody of our two children, ages 5 & 6. I begged and pleaded with the judge to put some limits on his visitation - at the same time- in the next county he plead guilty to the Criminal Charges. The Judge in the Domestic court refused to consider this guilty plea and refused to limit his visitation and threatened to give physical custody to him if I continued to pursue a limited/supervised visitation. One year ago my 16 year old daughter told me that she has been abused by him since she could remember. I am & have been so angry at this judge and I am in the process of filling paperwork (Judicial Committee). I would be interested in pursuing further action. How do I begin to start this process?
2 Answers from Attorneys
Re: Can I sue the County & or the Judge
I cannot respond to any action against the NH judge. However, under the Uniform Child Custody and Jurisdiction Act, future issues regarding your children can be filed in the State of Utah. You should file a complaint both here and in NH with the appropriate authorities against your husband for the abuse.
Re: Can I sue the County & or the Judge
If I were you I would consider filing a petition to modify the decree of divorce and seek a guardian ad litem to represent the children. If the GAL determines that your daughter was in fact abused, the GAL will move to have the visitation supervised and the wrath of the judge will be deflected from you. I think it is important to keep your child(ren)'s interests in mind and seek alternative means of securing the result that you wish.