Legal Question in Family Law in Texas

motion to remove judge

My daughter is having to fight her case pro se judge refused to give her a lawyer but gave the father one. We spent(i am grandmother of gradnchild)109,000 in legal fees already and are broke.She stated in court she wanted to have judge removed from case due to a ''conflict of interest. Her husband is CPS. The opposing lawyer stated he will have my daughter sanctioned if she does this. The opposing attorney has done everything from stall in court to bring down the time spent on matters to make sure the one attorney wer had from out of county could not get anything done for his stalling tactics and making sure someone pertinent didn't show up for court. His clients have my gradnchild since dec.they want to TPR and adopt. My daughter has done everything TDPRS has asked and then some.SHe had to move out of state and come home and stayed with us till she got her own place. the client had my daughter falsely incarcerated to get my grandchild. What can we do?


Asked on 10/05/02, 3:31 pm

1 Answer from Attorneys

Larry Lee Larry Mason Lee

Re: motion to remove judge

A motion to recuse would be appropriate in this case only for conflict of interest, bias, or some other serious disqualification. It is not a motion to be brought lightly. It is an assertion that the judge is not acting in a judicial fashion for some well-defined reason. Be sure that you can prove the assertion if you bring the motion.

Your allegation that your granddaughter was falsely incarcerated is a serious allegation. If it has any validity you should have no trouble in obtaining the services of a local attorney to bring an action for false imprisonment, of course the burden of proof is steep. Serious allegations are usually allegations that need to be supported by serious quantities of proof.

If you have, indeed, spent anything close to $109,000 in attorney's fees on this case without any favorable result, then almost to a certainty there are serious differences between the facts that you are alleging and the facts which are proveable. You should talk to the attorney that was paid the $109,000 and find out from him/her exactly what the case status is and what the case problems are.

Did you hire the attorney or did you give the money to your granddaughter who, in turn, hired the attorney? I am impressed that that quantity of money could be spent without obtaining a clearer understanding and statement of what the problem is.

I recommend obtaining the services of a local attorney, empowering him to engage the services of a qualified investigator, and getting to the bottom of this case.

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Answered on 10/05/02, 8:51 pm


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