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Can You Request A Different Judge in Family Court?

Brad Micklin- Can You Request A Different Judge in Family Court?

Many fathers come to me in the midst of a custody trial with some serious misgivings about their case. “The judge seems determined to side with my wife no matter what I do or say,” they claim. These fathers are justifiably worried considering the often unfair treatment of fathers in family law court. Some believe their current judge will never be open to another perspective, and this could end up hurting their child. They wonder whether there’s a way to get a new judge who is open to their custody requests and concerns.

A Judge’s Bias Can Impact Your Case

Bias is the most common reason fathers request a different judge. Some judges simply refuse to see the actual facts of a case because of their outdated beliefs that a child should spend most of his time with his mother. Others will develop an unusual vendetta early on – for example, if you are late to court once and the judge treats you poorly from then on. 

Other factors that may prompt a father and their family law attorney to request a new judge include:

  • A judge having personal investment in the outcome of the case
  • A judge having a prior relationship with the father’s co-parent – for example, as an attorney for your co-parent before becoming a judge, or
  • A judge being related to the co-parent through blood or marriage.

These factors will often lead to biases of their own, so it’s important to speak to your family law attorney for men if you learn new information about your judge at any point during your case. However, it is much easier to request a new judge earlier in the proceedings, so I highly recommend doing your due diligence after you learn which judge will preside over your case.

Requesting A New Judge

The process for requesting a new judge must be undertaken with the help of your attorney. Your family law attorney will file a formal motion with the court requesting a recusal. You will need to show evidence of actual bias, not just a feeling you have about the judge’s motives. It isn’t particularly easy to get a new judge, but that doesn’t mean you won’t be successful in your attempt if you have legitimate cause for concern. 

Family Law Attorney for New Jersey Men

The Micklin Law Group has been focused on men’s and fathers’ rights in the family law courts for many years. We’ve helped thousands of men obtain fair divorce settlements, child support orders, and custody arrangements. Our family law services ensure the well-being of fathers and their children even after a breakup or divorce from the child’s other parent. We believe any loving parent deserves to have time with their child. We will fight to ensure you receive a custody ruling that honors your relationship with your kids.

Contact our family law firm for fathers in New Jersey using our contact form, or give our team a call at 973-562-0100. We’ll be in touch shortly to discuss your options.

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