WomensLaw serves and supports all survivors, no matter their sex or gender.

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Court Procedures / Evidence / Service

Laws current as of October 20, 2023

.The judge is biased - can I switch judges?

Unfortunately, our website doesn’t have information about switching judges or courthouses (changing venue) within a state for a custody case. Generally, it may be hard to transfer cases. The courts may want to avoid “forum shopping,” where one person doesn’t like the judge or case outcome and tries to find another judge to rule differently. (However, I  am not speaking about your STATE law specifically.) I know you said you believe the judge is biased. Has the judge made prejudicial statements against you in court? Or did the judge do or say things that denied you your right to testify or present evidence in the case?

If you get advice from a lawyer about filing to switch judges, you may want to ask if you should get a copy of the transcript of your court proceedings. It may help the lawyer to review the transcript so s/he can better evaluate your case. Hopefully, a custody lawyer in your state can tell you if there is a way to try to move the case to a different judge based on your belief that the judge is biased. You can find free and low-cost lawyers in STATE on our website. [HYPERLINK] We also have general information about your state’s custody laws in case you want to learn more as your case continues. [HYPERLINK]

Lastly, if you decide to talk to a lawyer about possibly appealing the judge’s decision, you can find basic information about appeals on our website.