Legal Question in Family Law in New York
Representing myself, I was ruled against in a child support hearing, basically on a technicality: The magistrate said I hadn't made the proper filing, and she ruled in my ex-wife's favor on a certain point, the question of my child's emancipation, upon which my case hinges. I've filed objections and refiled properly, and want that point ruled on again, but the court assigned the case to the same magistrate. I sincerely doubt she's going to overturn her own ruling. Should I go into court and ask her to recuse herself? Can that motion be made before the hearing, otherwise I feel it's a waste of time and I'm only going to lose again.
1 Answer from Attorneys
No. If you remedied the prior issue, then the Judge should rule accordingly. If the Judge rules improperly, you have the option of appeal. Of course, you may ask the Judge to recuse herself. And of course, she may say no.
Mike.
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