QUESTION
How to change a child custody judge in Indiana before a hearing
Asked on Feb 04th, 2013 on Child Custody - Indiana
More details to this question:
I have a 14 year old son who wants to live with me his Dad.He will be 15 in a couple of months. His mom has a live in boy friend who I have filed a Child Protection Services report and a police report on for threats toward my son. My son does not want to live with his mom and friend. He entered the home unannounced to my son. I have heard that the judge in the case favors moms in child custody matters and feels that the mother has to be an outright bad mom to make a change. I really feel uncomfortable and would like to change judges. I have to do this Pro Se. How do I ask for a change of judge for my case? My son is also doing poorly in the new school. He has too many absences and tardies. Since October I have I have been making sure that he gets to school. NO one else at the home is doing so. He is on a medication that has insomnia and depression for side effects and is exhibiting these and other side effects as well. I am very concerned for his safety, health and well being.
1 ANSWER
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Jeffery M. Haupt Attorney at Law
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Custody cases are difficult even with legal help. Going alone is never an option that I would recommend. It may be difficult to come up with funds to pay a lawyer, but you should try to do what you can before taking on your particular case, especially since you want to file for a change of judge.
You will have to file a change of venue from the judge under the Indiana Trial Rules. From my understanding there are no particular pro se forms out there to do that. I am not sure if your county has a law library or not, but if it does you may have some luck finding a template in the Indiana Pleading and Practices series.
Answered on Feb 09th, 2013 at 3:35 PM