Should I file a civil suit against the judge for giving custody to the mother who is not fit to parent? 24 Answers as of April 04, 2013

My life as well as my two kids’ lives was severely destroyed. Emotionally, physically, and financially. A couple years ago I received full custody of my two children (11, 12) by a family court judge after a DVP order was filed, due to a witnessed disturbing domestic violence incent with my ex-wife and her boyfriend. The judge heard testimony from my kids (was recorded via audio and video) of the incident other habitual past DV incidents by their mom towards me, other family members, and live in boyfriends. Judge was appalled and stated (on video) that over the years she has caused mental abuse on both children due to witnessing her violent actions. Their mother lost 50/50 custody (which was parenting plan for a year, had already filled for a modification just before the DVP). At DVP she was ordered to attend anger management and was court ordered not to be allowed to consume alcohol when kids were with her every other weekend. Exactly a year later the mother filed for a modification of the parenting plan (wanted 50/50 back, I countered with wanting Sole, due to continued DV in her home) Same judge heard the case, I submitted a tremendous amount of evidence collected over the year of proof of continued alcohol abuse, DV, and neglect. There were testimonies (children’s therapists, ex-boyfriends that were abused, etc.) Same judge concluded no change in circumstances, both of us denied requests, and the only change was I was ordered to bring my daughter back to therapist to reestablish relationship with mother (therapist was baffled). 7-8 months after that hearing, the mother filed for guardianship of a 16 year old boy, who at the time was charged with rape (girl was close to my daughters age) SAME judge granted her custodial rights of boy (I had no clue). Couple month’s later police were tipped off of possible sexual misconduct with mother and boy. Turn out to be true, mother was charged with 6 counts of sexual abuse of a custodial minor. Was in the paper and all over.

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The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
You can not sue the judge. Judges are immune from suit for decisions they make on the bench.
Answer Applies to: Louisiana
Replied: 4/4/2013
Durham Jones & Pinegar | Erven Nelson
You can't sue a Judge unless you can prove a bribe. You need a good family lawyer.
Answer Applies to: Nevada
Replied: 4/1/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
You cannot. The only thing you can do is to file an appeal.
Answer Applies to: Michigan
Replied: 2/25/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You cannot sue judge for actions during the performance of his job. Judge is immune. Appeal.
Answer Applies to: California
Replied: 2/19/2013
Law Office of Christian F. Paul
Law Office of Christian F. Paul | Christian F. Paul
You cannot sue a judge whose decisions you don't like. But now that the circumstances have changed since the last order, you can go back to court and ask for changes in custody and/or visitation and/or support. I know it can be baffling to have a judge give an order you don't agree with, but they are doing their best to be fair and to do what's in the children's best interests. When you present new facts and information, they weigh it and try to make a fair decision all you can ask from anyone but they are not perfect. Sometimes what the party thinks is great evidence is not so great in the judge's eyes, and that makes a difference in the outcome. If you have been handling these things on your own, you might find it helpful to consult with a family law specialist to help you with the next hearing. Maybe a little expertise will help you get better results. Good luck.
Answer Applies to: California
Replied: 2/19/2013
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    No, you cannot. You are not a directly injured party. Moreover, the same judge will likely preside over future.custody hearings for your family. Suing that judge will not likely have a positive outcome.
    Answer Applies to: New Jersey
    Replied: 2/19/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Judge has qualified immunity, but you can try and sue the judge.
    Answer Applies to: Georgia
    Replied: 2/19/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Judges could not be sued civilly for issuing a decision you do not agree with. If that were the case, no one would want to be a judge or make any judicial decisions. Your remedy is to appeal the decision and keep going up the chain of command in the court system.
    Answer Applies to: Michigan
    Replied: 2/19/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Judges are absolutely immune from law suits for decisions they make in court. It's not worth your effort to try. If you feel the judge erred, you can of course move for reconsideration, or appeal the decision if the time for doing so has not passed. Generally appeals courts are reluctant to overturn decisions of judges in family law cases.
    Answer Applies to: Wisconsin
    Replied: 2/19/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    There is no viable lawsuit against the Judge who was executing duties related to his/her post. If you disagree with the Court's Order, your remedy is an appeal.
    Answer Applies to: Minnesota
    Replied: 2/19/2013
    Law Offices of Benjamin D. Pelton | Benjamin D. Pelton
    Can sue. A judge. But may be able to appeal. If u don't have a good lawyer. Get one Benjamin .
    Answer Applies to: Virginia
    Replied: 2/19/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Judge's are immune from liability for rulings they make in court. I do not see a ground for a lawsuit.
    Answer Applies to: South Carolina
    Replied: 2/18/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    I did not bother reading the question detail. If you file suit against the judge it will be dismissed and you could be fined for bringing a frivolous suit. The way to remedy a bad decision is to file an appeal, that's what appellate courts are for.
    Answer Applies to: New York
    Replied: 2/18/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    In most cases, judges have immunity from prosecution. Not sure from your story whether or not you have had a family law attorney represent you. If not, I suggest that you do so now.
    Answer Applies to: Washington
    Replied: 2/18/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You cannot.....the judge has judicial immunity.
    Answer Applies to: Florida
    Replied: 2/18/2013
    Law Offices of George H. Shers | George H. Shers
    Judges are allowed a high degree of discretion and protection from lawsuit. A judge being stupid in a case is not a basis for a civil suit. You could report the Judge to the equivalent of the State Bar for attorneys.
    Answer Applies to: California
    Replied: 2/18/2013
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Judges are generally immune from civil suit for decisions made as a judge, unless of course they are involved in some type of corruption.
    Answer Applies to: California
    Replied: 2/18/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Wont do you a bit of good. Judges job is to make the call. He made can report him to judicial standards commission if you think he made some improper action. But suing a judge for making a call, you are wasting your time and money.if you think a judge makes an error of law you have a right to appeal. You apparently did not. door closed.
    Answer Applies to: North Carolina
    Replied: 2/18/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Judges have immunity from being sued. So my answer is no, you'd be wasting your time.
    Answer Applies to: Iowa
    Replied: 2/18/2013
    Hamblin Law Office | Sally Hamblin
    You would not file a civil suit against a judge. You could file an appeal based on legal issues.
    Answer Applies to: Michigan
    Replied: 2/18/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    Judge's are generally immune from the type of suit you are considering. The only real remedy is an appeal.
    Answer Applies to: Ohio
    Replied: 2/18/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    No, you cannot sue the judge. It sounds like, based on what you wrote, that he made the right call - there was no change in circumstances. The issues with the boy were not brought up at trial. If they had been, he might have ruled differently. Regardless, you can appeal a decision but you cannot sue the judge. You could, but unless you can show judicial bias against you, it will get thrown out so fast it will make your head spin.
    Answer Applies to: Idaho
    Replied: 2/18/2013
    Law Office of Malosack Berjis
    Law Office of Malosack Berjis | Malosack Berjis
    Judges have judicial immunity, and thus, are immune from civil liability.
    Answer Applies to: California
    Replied: 2/18/2013
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