How to address judge bias in CA divorce and custody case?

Question

I am dealing with a judge in California who appears biased against me due to my ex-spouse's opinions stated in previous court hearings, which are not based on facts. The judge suggested I allow my ex-spouse to claim our child on his tax returns, although the child lives with me and only visits the ex-spouse every other weekend without sleepovers. My ex-spouse verbally harasses and speaks negatively about me in front of our child, causing him anxiety and the need for psychologist counseling, as documented in a letter submitted to the court by the psychologist. Additionally, my ex-spouse has missed child support payments and remains behind for the last four years. He falsely accused me of drug use in court, affecting the judge's perception despite my passing court-ordered drug tests. As a result, the judge granted my ex-spouse weekend visitation rights, including sleepovers, despite my warnings about the verbal harassment. I do not currently have an income while my ex-spouse does. How should I address this perceived bias with the judge while dealing with divorce, child support/visitation, and spousal support matters?

James L. Arrasmith · Answer

In California family court proceedings, addressing perceived judicial bias requires a strategic approach grounded in factual documentation and procedural remedies. Your situation presents multiple concerning elements: potential judicial bias regarding tax deductions despite primary custody, documented psychological impact on your child from verbal harassment, ongoing child support arrears, and visitation decisions that may not align with your child's best interests. California law provides several mechanisms to address these concerns while maintaining proper court decorum. 
 
Documentation is your most powerful tool in this situation. Consider retaining all communication with your ex-spouse, maintaining detailed records of visitation compliance, documenting all instances of harassment (particularly those witnessed by third parties), obtaining additional professional evaluations regarding your child's psychological welfare, and compiling comprehensive financial records demonstrating support payment deficiencies. Additionally, requesting a court-appointed custody evaluator or guardian ad litem could provide an independent assessment of the custody arrangement that prioritizes your child's wellbeing over predetermined judicial impressions. 
 
Procedurally, you have several options to address perceived bias: filing a motion for reconsideration with new evidence, requesting a court-appointed mediator through Family Court Services, filing a formal complaint with the Commission on Judicial Performance if bias appears systematic, or potentially filing a motion for disqualification (CCP §170.1) if demonstrable bias exists. Given your financial disparity, you might qualify for fee waivers or limited-scope representation to manage legal costs while pursuing these remedies. Approaching these options with measured professionalism rather than emotional accusations will substantially improve your likelihood of successful intervention while preserving your credibility before the court.

Q: How to address judge bias in CA divorce and custody case?