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How to Change Judges in Family Court

Are you looking to change the judge who was appointed to handle your family law matter? Since decisions made on behalf of the judge can significantly impact your future, changing appointed judges is a common request. If you feel your judge is unable to provide a fair, unbiased trial, there are ways to request a change in judges.

In order to request a change in judges, there typically there needs to be a clear and distinct reason why you wish to have another judge appointed to you. Common reasons why an individual may request to change judges they believed that the judge has a biased opinion.

Other reasons why people request to change judges may include:

  • The judge is related to one of the parties involves
  • The judge was the other party's lawyer
  • The judge has a financial interest in the results of your case
  • The judge shows unfair or biased opinion

How can I remove a judge from my case?

In California, to remove the judge appointed to your family law case, you may file a peremptory challenge, which seeks to disqualify the judge without providing a reason. You will fill out the 28 line pleading paper that contains specific language to your request and a declaration filed under penalty of perjury. You may also be required to present an oral motion under oath.

If you are seeking to have your judge removed from handling your case, it is advisable to have an Orange County family law attorney by your side who can offer valid legal guidance and advice. They can thoroughly examine the circumstances of your request and help you bring to light the issue.

If you would like to receive further information, do not hesitate to contact The Law Offices of Marc E. Mitzner today!