Legal Question in Family Law in Pennsylvania
I had an attorney 8 years ago who I since fired. She is now the judge proceding over my child custody. I have never made a late payment with child support and have just gotten an order sent to my employer requesting automatic payment deductions, she also signed the modified custody arraignment. She has not even attempted to remove herself from my case and I am pretty sure this is a conflict of interest and need to have another Judge precide or have my case moved to another Court if she is the only Judge. I need to go about this the most "politically correct" way for fear of retribution.
1 Answer from Attorneys
It sounds like the judge signed "routine" things: a wage garnishment order, and a custody agreement (you typed "arraignment," but I'm thinking you meant "arrangement," no?). If so, it's doubtful that she even looked at the case caption in either. For routine matters, it's more like, "Is everything in order?" instead of "Who are the parties?" Conflict of interest, probably, but it doesn't sound like you've been aggrieved to date.
If you have a concern about a pending custody case, however, you should bring it to the attention of the judge through counsel. The judge may recuse herself on her own without anybody even asking. Then again, is that what you want? Usually the devil you know is better than the devil you don't -- unless you think the judge harbors some kind of ill will against you as a result of her prior representation of you.
Best of luck to you.
Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
F: (215) 525-4364
http://www.carybhall.com
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