Q: what form is appropriate for use in a child support case to express the undisclosed conflict of interest
my children's mother has a new child with the relative of a judge believed to be in the family law division.
A: Sounds rather nebulous at this point. If the Judge is only believed to be in the family law division; I do not see where that would cause a conflict.
If the case ends up being assigned to the Judge in question and you raise the issue with the court it would seems that the judge might consider the issue significant and recuse himself/herself from hearing the case.
Should that not happen you have the right to claim what they call a 170.6 affidavit indicating a conflict, without stating the reason and the Judge will be disqualified. This is only good once so choose your battles carefully.
Finally, if the bench officer in question is a Commissioner and not a Judge you merely can refuse to have him/her hear the case; as long as it is done within the time parameters required. Each court has their own local rules regarding such action so you need to be aware of what they are.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.