Q: Should this Judge have recused himself?

At the time of the hearing, I was not aware that the judge's cousin is family with the plaintiff's wife. The plaintiff is the father our child and his wife is the stepmother. The judge gave primary custody to the father. Essentially, I filed 3 DSS investigations after my daughter disclosed. The stepmother and father contended that I led my daughter when I did not. I had an expert witness testify on my behalf. There are records of my daughter stating she told the dad and stepmom what happened and stepmom told her "to stop". I have an older daughter who lives with me full time, no shared custody, and the judge separated blood siblings and put my little one in the very home that she disclosed being inappropriately touched by her transgender stepsister. As stated, come to find out, the judge is actually family with the stepmom. I have appealed and now my case is with the NC Supreme Court. The judge made my appeal moot by still having a hearing even after I submitted for my appeal

1 Lawyer Answer
Amanda Bowden Johnson
Amanda Bowden Johnson
  • Criminal Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Based on the limited information you provided, I would say - likely not. If you represented yourself, that alone more than anything else is likely the reason the case turned out the way that it did. If you had an attorney, you should be asking your question of your attorney. If you did represent yourself, you really ought to consult with a local attorney however, at this point any damage you did to your case by not knowing what you are doing is likely irreparable. I wish I had better news for you. Best of luck

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