Legal Question in Family Law in California

I have been in a custody battle with my soon to be ex-wife for over a year now. At the last hearing, I respectfully requested a new judge because I believe the commissioner in my case is bias. I have proved multiple times that my ex has lied under oath providing evidence that without a doubt proves that fact, she submitted doctored photographs in our case, and I provided the unaltered copies. There was a restraining order granted to her where on the stand she admitted specifically that she filed the restraining order out of spite stating that anger was at least part of the reason she filed the restraining order. I have been on supervised visitation for over a year, and have proven that I should not be with a positive psychological evaluation and two positive supervised visitation reports from different supervisors. Is it too late in my case for me to file a new request for a judge under Civil Procedure Code Sec 170.6? If so, is there another motion I can file with/out showing cause?


Asked on 2/13/14, 11:40 am

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

It is impossible to give you advice on your case as it appears very complex. It would take a review of the pleadings and the current orders and a knowledge of who the commissioner is. I suggest that you set up a consultation with an attorney to give you some directions. You probably need an attorney to appear for you in the court.

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Answered on 2/13/14, 3:10 pm


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