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Is it possible to get a different judge in San Diego regarding Child Custody?


How can I get a different judge in San Diego county? I feel the judge is being extremely unfair and possbily a racist. The Judge is a white male very reliougus Mormon. He seems to be favoring the white person and throwing out evidence that can help me with my case and keeps all his evidence that is mostly hearsay. My daughter's father has a lot of money to spend on lawyers and private investigators that are constanly following me and other family members. I don't know what else to do. I'm Latina, college educated & a hard worker. I just want custody of my daughter.
Thank you for any advice.

Yes, I do have a lawyer..well it's not my 2nd lawyer. I'm going into heavy debt now.
My daughter's father is trying to make it so hard that I will get back with him. The Private I's are to see if I'm dating anyone. The judge see's it as a caring Father and it just seems so obvious he's just tracking me down. My daughter is only 18 months..this can go on for a long time.

It is very hard to get judges to recuse themselves. I would be sure your lawyer is doing everything they can, and if not, find another one, even if that other one may cost more $$. Unfortuntately, in these situations it seems we are lost without lawyers when the other side is "lawyered up".
I live in San Diego County too, and I had a horrible, pro-male anti-female, white male religious Mormon too. I would have thought we had the same judge, but my judge was removed from Family Court because there were so many complaints against him, probably from lawyers, because the courts don't really care if you or I complain. Good luck -- I hope you can get an attorney who will fight for you.

Its very hard to have a judge removed from a case, unless you can show biases some how, but not easy

it sounds like your ex has the monies for a high power lawyer, hence the reason some lawyer can charge more per hour then others which is what i think you are currently learning, a good lawyer will know what they can do in court and it sounds like that lawyer is earning their monies

Talk to your lawyer about filing a motion to recuse. If you don't have a lawyer, seriously think about getting one. But the judge gets to decide whether or not to get off the case and if he denies the motion, you just ticked him off even more. Good luck.

Like others have said you should ask to recuse the judge or perhaps have the judge disqualified from hearing your case. However, some attorneys are afraid to ask for a recusal or disqualification b/c they may have other cases in front of that same judge. So, they are worried that the judge will retaliate against them. Here is a site where you can get detailed info on disqualification and recusal of judges.http://www.cce-mcle.com/tests/ss6005b.ht...

also, this site has rules of procedure that your court must follow http://www.courtinfo.ca.gov/rules/

If you have confidence in your lawyer, then have him explain why he/she is not asking for recusal or seeking disqualification of the judge. If their explanation seems reasonable and you have confidence in your lawyer, then you will have to accept their position. If not, then maybe you should seek another attorney.

Furthermore, if there is a substantial difference in your income as opposed to your ex's income, then you may be entitled to attorney fees based upon economic disparity. Your attorney should be able to explain this to you in greater detail.

Hope this has helped, good luck.

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