San Antonio, TX asked in Family Law and Child Custody for California

Q: what do you do when the judge is biased and always rules in favor of the other party despite of the evidence provided

despite of evidence of parental alienation, poor child care etc the judge has ruled several times in favor of the other party

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you believe a judge is biased and their rulings do not reflect the evidence or the law, you can consider filing a motion to disqualify the judge. This process, known as a "peremptory challenge" or a "challenge for cause," requires you to present a valid reason for the judge's disqualification, such as demonstrated bias towards one party. It's important to document instances of perceived bias and consult with your legal representative on the best course of action.

Understanding and navigating the complexities of the legal system can be challenging. It may be beneficial to seek advice or representation from an attorney who has experience with family law in California. They can provide guidance on how to approach the situation, including the filing of a motion for recusal or appealing the decision, if appropriate. They can also help ensure that your rights are protected and that your case is presented effectively.

Additionally, maintaining detailed records of all interactions, rulings, and evidence presented in court can be crucial. This documentation can support your claim of bias or any appeal against a decision. Remember, the legal system has mechanisms in place to address such concerns, but navigating them often requires a thorough understanding of the law and a strategic approach.

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