SPARC Forums

ok here we go. in june of this year the judge was asked by my ex what the distance she could move was and he told her state law is 100 miles. then he added: But because you share a 50-50 joint legal and physical custody if you where to move out of this county it would be a change of circumstances wich would allow him ( that being me) to file for custody solely for himself.

So she moves right away, and i petition the court for a motion and use court transcripts of his statement along with the filing for a hearing. court date arrives and the judge then denies the custody hearing and says it is ok that she moved even after my attourney brought up the statement he made in the previous court hearing.

now all issues of our child set aside though they are the most important reason for having gone to court. the judge is know to be friends with my ex`s father and grandmother. he frequents resturaunts with her grandmother and my ex has stated he will give her what ever she wants in court. im now out of $2500 dollars for the attourney cost because of a statement he made himself then went back on his own words for no other reason than he is friends with my ex`s family.

Can i sue this judge to recoup the monies i spent because of a statement he made, wich i have copies of in the form of court transcripts. Also he is the chief judge in our county and only family judge here so a petition for change of venue or for him to disqualify himself would be nothing more than another loss of monies because he gets to make that decision. does this fall under any other law that can have him removed from my case so my child can have a fair hearing and not just denials every time we come before him. he denies everything and will not even allow me a hearing.

You may want to check Michigan's RECUSAL statues. In a Texas-Illinois case ... jurisdiction, custody, divorce, etc.  Recusal allows a judge to recuse (step down) him/herself when there exists a blaten conflict of interest for or against one party in the suit.  That is the normal application of the statue.

However, I sought and found a "rule-of-law" , no BS attorney in a neighboring county (state capital); a former state supreme ct clerk.  My wife's father was a long time business owner and heavy contributor to local politans.  In addition, the particular venue and chief judge had the reputation and known to be corrupt.  IMHO, it is doubtful a local  good-ole-boy attorney will attempt to recuse a judge from a case.

The attorney submitted the motion for being "bias and prejudice against the father Davy and his children namely .....   It is required of the judge to sign the motion in agreement which he refused to do and the attorney simply phoned the judge the next day to advise he was re-submitting the exact same motion and if he reused to sign he would have his sorry-a$$ up in front of the supremes that very day.  He signed.  .... And it was a lot cheaper than a custody attorney.

Most unfortunately, I never found out how much my Tx judge was paid.

No, you can't sue the judge.  Just because he tells BM what could possibly happen doesn't mean that he is required to do exactly what he said.  What he stated is only one possible action that could happen.

What can you do?  Maybe bring it to your Appeals court, making sure to start the action before BM's move is 6 months old.  The judge on the Appeals court will be a different judge.

You could also probably have the judge investigated for tampering and possible bribery, but that might be harder to do and take a lot longer than just going to the Appeals Court.

You can recuse (not a suit) a judge in some states.

AND you can sue the county or jurisdiction that elected/appointed a SOB.