Legal Question in Family Law in Oregon

Judge shopping

Thank you Mr. Gorin for your quick response.

Do they have to file paperwork with the court in order to have the judge dismissed and do they have to notify you of this? At the final hearing for custody the new judge was not favorable to the other party as with the old judge, who allowed more testimony to be presented as the mother of the child did not have an attorney due to financial problems. The new judge hardly allowed any testimony from her side, nor did he ask her more than 3 questions in regards to her care and support of her daughter. Full legal and physical custody was awarded to father in the final proceeding. The previous judge told the father in the first hearing that it would only be temporary custody until the mother could rebond with her daughter as for over 6 months they would not allow her to see her daughter except when they choose. The first judge was upset at the father and the attorney due to the fact that 5 minutes before court started she was called out to the hall and badgered into signing papers without reading them. This is a real mess and at the last proceeding the father completely lied to the court and we would like to reopen the case based on perjury. Is this possible? Josephine county case.


Asked on 3/20/08, 11:29 pm

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Judge shopping

Your Question:

Full legal and physical custody was awarded to father in the final proceeding.

This is a real mess and at the last proceeding the father completely lied to the court and we would like to reopen the case based on perjury. Is this possible? Josephine county case.

Answer:

No. Not possible. People lie in court , as part of a judicial proceeding, all the time. Yes, it is perjury, but the DAs generally not prosecute. (If they started prosecuting all the cases in which perjury is committed in child custody court proceedings, there would be not time to prosecute murders, theives, rapists, etc.)

Your recourse is to seek to have the trial court record reviewed by the Court of Appeals. This involves an appeal, which must be filed not later than 30 days after the entry of the trial court's final judgment. Otherwise, you are stuck.

LDG

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Answered on 3/21/08, 6:10 am


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