Legal Question in Family Law in Kentucky
Non-custodial parent treated unfairly
Can a judge talk privatly to the custodial parent before the trial? This was over child support. The judge is on board of directors for child support enforcement.
1 Answer from Attorneys
Re: Non-custodial parent treated unfairly
The simple answer is that no, a judge cannot discuss a case with a litigant without having the other party present during the discussion. This is called an "ex parte" communication, and the judge is forbidden from engaging in this because his opinion would likely be prejudiced.
There are other factors you must consider, though. Did the judge talk about the case, or was he simply making irrelevant conversation? Was the outcome unfair? Did the court not use the Kentucky Child Support Guidelines? Can you prove that the ex parte communication prejudiced you?
If the answer to these questions indicate inappropriate behavior on the part of the judge, contact a local attorney.
Curtis J. Hamilton
Neel Wilson & Clem
9 South Main Street
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