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

Hotline

Custody & Kidnapping

.The judge is biased - can I switch judges?

Generally, it may be difficult to transfer one’s case to another judge since the courts may want to avoid something called “forum shopping” where one person doesn’t like the judge or outcome on a case and tries to find another judge to rule differently. I know that you said that in your case, you believe the judge is biased – has the judge made specific prejudicial statements against you in court? Or have there been other actions or by the judge that you believe would show bias? For example, has the judge denied you the right to testify or present evidence during a hearing?

In order to see what the process would even be in your state to attempt to switch the judge on your case, you may need to get legal advice from an attorney. We link to lawyers on our Finding a Lawyer page [HYPERLINK]. It may be helpful to request a copy of the transcript of the court proceedings to take to the lawyer so they may be able to better evaluate your case. Hopefully a lawyer in your state who handles custody 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. [CHANGE ‘CUSTODY’ TO OTHER SUBJECT MATTER AS NEEDED]

[CHANGE LINK TO CUSTODY TO OTHER SUBJECT MATTER AS NEEDED: Lastly, here is some information on custody in your state, including what factors a judge is supposed to consider when deciding custody, in case you want to learn more as your case continues. [HYPERLINK]]

Lastly, if you ever decide to discuss with an attorney the possibility of appealing the judge’s decision in your case, here is some basic info on appeals.