Bronx, NY asked in Domestic Violence, Family Law and Child Custody for Massachusetts

Q: Can family judges be changed? Are children supposed to be removed when their parent has a restraining order on them?

I've had the same biased judge since 2013 who is never on my side despite the evidence. I filed an ex parte hearing due to my 15 year old daughter's father almost killing his wife by strangulation. The wife has a restraining order on him. I arrived with police to witness the father, wife, my daughter together in the house. The clerk said the wife never dropped the restraining order when she told the officer she did. My daughter is psychologically manipulated by both of them. She refused to go home with me. The judge denied my request to temporarily relocate her with me. This is an unfair system. I've done a fantastic job of being my own lawyer. None of the paperwork I submitted needed to be corrected. I absolutely hate this judge. She has an unbelievable amount of proof yet refuses to do anything. I was told to contact DCF. The clerk believes they may be involved and not contacted me. Nobody ever contacts me. Pro bono lawyers are hard to find.

1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: The Court assigns the Judges usually by docket number and unless there is a reason for the Judge to recuse, it is very difficult to change the Judge assigned. If your 15 year old is unsafe or unhappy due to what is occurring with her father and his household, then you can seek a Modification and request counsel for the child and/or a Guardian Ad Litem to be appointed to investigate and report on the child's best interests.

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