How to Change a Judge in Your Indiana Divorce or Custody Case
In a divorce or custody case, the judge assigned to your case plays a crucial role in determining key issues like child custody, parenting time, and financial matters. If you believe the judge is biased, has a conflict of interest, or is otherwise unfit to preside over your case, you may have options to request a change. However, this is a serious step that should be approached carefully.
Reasons to Request a Change of Judge
There are a few valid reasons why a party may want to request a different judge in their divorce or custody case:
Perceived or actual bias – You may feel the judge has an unfair attitude toward you or is ruling against you unfairly. However, simply disagreeing with a judge’s decisions is not enough to prove bias.
Conflict of interest – The judge may have a personal or professional connection to the other party, such as having previously represented them as an attorney.
Previous rulings in your case – If a judge has already ruled on certain issues and you are requesting custody modifications, you may have concerns about impartiality in future rulings. Learn more about when a judge will change custody in Indiana here.
If you believe you are in a bad situation with the assigned judge, there are steps you can take to request a change.
Step 1: Talk to Your Attorney
The first and most important step is to discuss your concerns with your attorney. A change of judge is not a decision to be taken lightly, as it can impact the timeline and strategy of your case. Your attorney can help assess whether you have a valid reason to request a different judge and guide you through the process.
Step 2: Prove Actual Bias or Conflict of Interest
If a judge has a personal or professional conflict of interest, they are required to recuse themselves from the case. Some examples of actual bias include:
The judge was previously an attorney for one of the parties in the case.
The judge has a direct relationship with one of the parties (e.g., a business or family connection).
The judge has made inappropriate comments or rulings that suggest clear favoritism.
A judge will typically step down voluntarily if a valid conflict is presented. However, simply disliking the judge’s rulings or feeling that they are unfair is not sufficient to demand a recusal.
Step 3: Use Indiana’s One-Time Change of Judge Rule
Under Indiana Trial Rule 76, parties in family law cases have the right to request one change of judge without proving bias. However, this request must be made:
At the beginning of the case or
At the time a party files a motion to modify an existing divorce or custody order.
If granted, the case will be reassigned to a new judge. However, once you have used your one-time request, you cannot request another change later in the case without proving bias or conflict of interest. For more details, refer to Indiana Trial Rule 76 here.
Step 4: Request the Presiding Judge Instead of a Magistrate
Many family law cases in Indiana are initially heard by a magistrate judge, who assists the court but ultimately reports to a presiding judge. If you believe the magistrate may be biased or is not handling your case fairly, you can request that the presiding judge take over.
This can sometimes be a simpler alternative to requesting a full change of judge and may help resolve concerns about bias.
Step 5: Understand How a Change of Judge May Impact Custody Cases
If you are seeking custody of your child and believe the judge may not be impartial, requesting a change could be crucial to your case. In Indiana, judges have significant discretion in determining custody arrangements based on the best interests of the child. If you’re considering filing for custody, read more about the process here.
Final Thoughts: When to Consider a Change of Judge
A change of judge can be a useful tool in certain cases, but it should be pursued strategically. Judges are bound by the law and the evidence presented, and simply disliking a ruling is not enough to justify a change. If you believe a change of judge is necessary in your case, consult with your attorney to determine the best course of action.
Contact Vining Legal for Help with Your Divorce or Custody Case
If you have concerns about the judge assigned to your divorce or custody case, contact Vining Legal today for experienced legal guidance. Our team understands the complexities of family law and can help you navigate your case effectively.
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