If you’re involved in a family law matter in Fort Bend County, Texas, you may not like how the case is proceeding. Perhaps you believe your arguments are not being heard, the judge has made unfair rulings, or there’s bias against you.
You may even reach the point of wondering how to request a new judge in family court. We understand that you may be concerned about the eventual outcome of your case and want a new judge. Let’s look into how it works to pursue a new judge.
The Legal Requirements to Request a New Family Law Judge
Whatever the circumstances may be, this type of request to request a new judge in your case is not unprecedented. There are several different situations where someone may request a different judge. Some of them can include but may not be limited to:
- Conflict of interest
- Substitution as a matter of right
- Substitution for cause
- Substitution in certain concept proceedings
The key is that you must be able to prove a significant legal problem; you cannot request a new judge simply because you do not like the individual. Additionally, no matter how much you believe the judge is in the wrong, you need a qualified attorney to present a strong argument on your behalf.
How to Request a New Judge in Family Court With Attorney Help
While the legal system gives you the right to an impartial hearing, it doesn’t give you the right to win your case. If your main concern with the judge is that he or she is acting harshly or does not appear to be listening to your arguments, you’re not likely to have a claim.
But if the judge has a clear bias or misapplies the law outlined in the Texas Family Code, you have enough reason to request a new judge. Additionally, the judge may have had a relationship with one of the two parties involved in the case or may have a financial interest in one of the parties’ business success.
If you believe you have a strong legal argument for having the judge removed from your case, an experienced family law attorney can help you file a motion with the court. Then, the Family Law Division in Fort Bend County will consider assigning a new judge to your case.
These kinds of situations can be complicated. Judges usually recuse themselves at the start of the proceedings if there is an evident problem at the outset. But if they did not remove themselves from your case, they are not likely to step down near the end of the legal proceedings because so much time and resources have already been invested.
Concerned About the Judge in Your Case? Talk To Us
If you want to request a new judge for your Fort Bend County family court case and are looking for a qualified family law attorney to help, contact Parker & Aguilar.
Our law firm has deep knowledge and experience with family law proceedings in the county. We know the judges, understand local courtroom procedures, and can help you file a motion to request a new judge. Talk to us today about your position so we can assess the strength of your argument.
Don’t let a judge rule against you if there is a clear problem. Call our Sugar Land office at (281)-944-5485 to discuss your case and learn how to request a new judge in family court. We are here to listen and support you during this challenging situation.