Q: Is it possible to get a new judge on a lengthy family court case or have it looked at by a 3rd party due to bias.
A friend divorced her arab husband several years ago..they have 3 children together. She received custody at first.. but the ex-husband hired a criminal attorney and spent the next several years finding ways to harass her. As an example, he recently took her to court for changing her kids to a better school nearby without telling him, she was fined 1000 dollars and received 190days community service for it. The judge, I'm assuming he is concerned about being labeled racist, always rules in favor of the ex-husband. He has partial custody and his current wife is physically abusive to the children, they are terrified to go there.. but the judge believes him when he says they are treated well. The children range from 13-17 in age. The mother is a good person, has a stable job in healthcare and is a good mother to her kids. Her lawyer says there is nothing that can be done.. I'm hoping you might have a new idea to help her. Thank you for taking the time.
A:
It's not easy to get a new judge - in fact, it's nearly impossible without a substantial showing of wrongdoing. I assume your friend's attorney is unwilling to go down that road, perhaps for good reasons.
If your friend and her ex have joint legal custody, then she had an obligation to consult with him or get the court's approval to change schools - I don't think that falls on the judge, as that's the way the law is. Absent a showing of abuse or neglect, he's going to have parenting time. It does not matter that she's a good parent. And physical abuse allegations against the ex-husband's current wife would need to be substantiated to get her anywhere. If she's intent on making that claim, there better be CPS or police reports to back it up.
Post-judgment custody and parenting time issues are often a matter of strategy than pure "right or wrong". Your friend's lawyer may be correct. If she pushes unsubstantiated issues, she's going to be seen as a parent trying to alienate the other parent, which all judges take a dim view on.
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