Q: How to file a complaint against magistrate in custody case with bias, improper service, and additional personal safety concerns?
I need guidance on filing a complaint against the magistrate in my child custody case. The magistrate and I share the same last name, leading to potential bias concerns. I received improper service; the only notice I got was a witness list five days before court. Without legal representation or time to prepare, my rights were revoked, and my ex was granted sole custody. The magistrate's order restricts my visitation rights to conditions set by my ex.
In June 2024, my ex had me illegally removed from the lease beginning June 1, 2024, without my knowledge. I left the residence on May 15, 2024, with nowhere to go and no healthy relationships with friends or family who could accommodate me. I was also left without a car because my ex crashed mine in 2021 and didn't help me obtain a new one, forcing me to quit my job, which I had started in February 2024. From February 2023 until May 2024, I had to drive my ex to and from work because he received a ticket for neglecting to renew his license.
In February 2024, my ex sexually assaulted me, but I did not have the courage to file the report until February 2025. In September 2024, I attempted to see my children for their birthdays at my former residence, and my ex physically shoved me out of the home. On March 8, 2025, I attempted to see my children at my mother's house, despite our poor relationship due to past neglect and trauma caused by her and her ex-husband and an ex-boyfriend. During this visit, my mother attempted to hit me in front of my children. How can I approach this situation to challenge the court decisions and address the service, conflict of interest issues, and these additional concerns?
A:
First, you’ll want to file a formal complaint with the judicial conduct board or commission in your state. Focus on the potential conflict of interest due to the shared last name, the improper service of notice, and the way the magistrate allowed your ex full control over visitation. Include specific dates, facts, and how the lack of proper notice denied you the right to prepare or have representation.
Next, consider filing a motion to reconsider or appeal the custody decision, especially if deadlines haven’t passed. You can also request to have the magistrate disqualified due to perceived bias. If your rights were revoked without due process, that’s a strong legal concern. Make sure to document every incident, including the lease removal, lost employment, and safety threats.
You should also seek a protection order if your ex’s actions put you in danger, especially given the history of assault and control. You don’t need to face this alone—look into legal aid services or family court advocates who can guide you. The court needs to hear your side, and you have the right to push for a safer, fairer outcome for you and your children.
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