Legal Question in Family Law in Oregon

Family law custody

Does the same judge follow through on all custody hearings in a custody battle between two parents. One party was not happy with the results and stated that he was going to get the judge dismissed from his case and then at the final custody hearing there was a new judge.


Asked on 3/20/08, 7:20 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Family law custody

This varies from county to county. Some, like Multnomah County, have a "one judge same case" rule, meaning that the first judge to hear and rule on any substantive issue in the case (as opposed to merely a procedural decision, like case scheduling or something like that) then becomes the judge automatically assigned to that case for all further proceedings.

Also, we it is generally not permitted to change horses in the middle of the stream, or to change changes in the middle of a case. The fact that one party is "not happy with the results" from one judge is not a proper of sufficient reason to get the judge dismissed from the case and then at the final custody hearing have a different judge involved. That is not the way the judicicial system works. It is called "judge shopping" and is it not permitted.

It is not unusual for one party or the other to be unhappy with the results from the judge hearing the case. That's part and parcel of going to court. One side or the other (and sometimes both) are going to be unhappy. But that does not mean that you get to pick and choose (or change) judges.

LDG

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Answered on 3/20/08, 9:33 pm


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