You are deep into a family law dispute and don’t think it is going well. It seems like the judge’s rulings keep going against you, and you are not optimistic about the eventual outcome. Does this sound familiar?
Whether you’re going through a divorce, child custody dispute, or other parental rights-related legal matter in Texas, you may want someone else to rule on your case. You wouldn’t be the first person to come to our family law office and ask, “How can I request a different judge in my family law case?”
The key is that you need viable proof that the judge is biased or not upholding the law. Let’s take a look at situations where you can formally petition the court for a new judge to preside over your case.
When a New Judge Can Be Requested in Family Law Cases
As a rule of thumb, you cannot request a new judge because you do not like the way your case is unfolding. While the legal system gives you the right to an impartial judge, it doesn’t give you the right to win your case.
If the only problem you have with the judge is that they are acting harshly or not listening to your arguments, you likely don’t have a claim.
However, if the judge is clearly biased in your case or misapplying the law as outlined in the Texas Family Code, then you have a good reason to request a new judge.
For example, in family law cases, judges may be deemed biased if they previously had a relationship with one of the two parties before the case. Or, if the judge is invested in the business success of one of the parties, the judge may be biased about the results of the dispute.
Requesting a New Judge Can Be Complicated
If you have a strong legal argument that the judge should be removed from your case, we can help. Our experienced family law attorneys will file a motion with the court to request a new judge assigned to your case.
This situation can be complex because the judge should have recused themselves at the start of the proceedings. Since they didn’t, they are unlikely to willingly step down late in the case. But that is the type of challenge that we can take on.
We know the law inside and out, so we can evaluate whether the judge is applying the law in the correct manner. Or, if you believe the judge is biased, we can help gather conclusive evidence of a conflict of interest and fight relentlessly to get you the justice you deserve.
Requesting a Change of Venue
One way to have a new judge hear your case without directly requesting a change is to request a venue change. This is an option if moving the location of your trial to a new location is agreeable for all parties.
Judges rarely approve a change in venue after the start of a case, but it may be possible if the other party agrees to the change. And it can be justified if an alternate venue is closer to where both parties live or work.
We can discuss this option with you and help you determine whether you have the ability to make this request, or if it’s too late in the legal proceedings.
Why You Should Hire a New Lawyer to Request a New Judge
Whether you are representing yourself or currently have legal representation, we can step in to provide assistance. The best way to ensure your case is heard by a fair judge is to hire a new attorney who will tactfully petition the court.
Our lawyers can are skilled in these types of difficult legal situations. We understand how to navigate family court challenges without risking your case.
Can I Request a Different Judge? Call Parker & Aguilar to Find Out
If you believe you are at risk of losing a family court hearing because of the judge’s actions, talk to us today. We are prepared to review your case and advocate on your behalf. And our attorneys will take a vested interest in the outcome of your dispute.
We currently provide legal assistance to clients in Fort Bend County, Brazoria County, Galveston County, and Matagorda County. If you live in one of these counties, contact us right away before the judge decides on your case.
You can reach our offices at 979-267-7660 (Angleton office) or 281-944-5485 (Sugar Land office). We will gladly answer your questions, such as “Can I request a different judge in my county?” and “What should I do if I currently have an attorney?” Don’t hesitate to schedule a consultation with our team of attorneys who care about your situation.