Legal Question in Family Law in Utah

child custody

I have a hearing for custody of my 2 children, but I have concerns because the judge over seeing this case was a prosecuting attorney a few years ago and prosecuted me on a charge. I feel that I will not get a fair trial and am unsure what to do and how to go about dealing with this problem. Can I write the courts a letter explaining that I would like a different judge or do I have to show up to court and address it? Also I am concerned because he is the only judge in the 4th district that is in Heber. Thank You for your time!!!!


Asked on 11/11/08, 5:31 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: child custody

You can ask the judge to recuse himself, and ask for a different judge to be appointed. You can have a judge from Utah county appointed. You should file your motion for recusal prior to the court hearing and notice the issue for hearing on the same date or earlier than your custody hearing.

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Answered on 11/11/08, 5:33 pm
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Re: child custody

You have to file a motion with the court asking that the judge recuse himself from your case. Provided the court grants your motion, the presiding judge in the 4th District will re-assign another judge to your case. That judge will either go to Heber to hear your case, or you may have to go to Provo to have it heard by one of the judges there. If you would like any assistance, I would be happy to help. You can contact me via email at [email protected]

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Answered on 11/11/08, 6:02 pm


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