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, 2013My 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.
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
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
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
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
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
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 it.you 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
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