Requesting a New Judge

Do you believe you were the victim of unfair bias? Watch this video about requesting a new judge for your family court proceeding.

https://youtu.be/RwWKD_iZrQY

Question:

Can I request a new judge?

Answer:

Once you participate in a family court proceeding, your initial judge will remain your judge so long as they are sitting on the bench. Unfortunately, you can’t just request a new judge because you dislike them. Requesting a New Judge However, there is the ability to seek recusal of a judge or you can file a motion to disqualify the judge, but that is not something that is easily done short of gross misconduct or clear bias, such as the judge having an immediate interest in the outcome of your actual case. You should remember, if you’re going to file a motion to disqualify the judge or seek recusal, in most cases, your application will go to that judge, and that judge will be the person deciding that application.


If you are looking to request a new judge for your family court proceeding, please contact our office today to consult with our experienced Saratoga family law attorneys.

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Jean Mahserjian, Esq. Avatar

Jean Mahserjian, Esq.

Attorney Albany Law School at Union University, New York State Bar

Jean M. Mahserjian, Esq., is a New York family law and divorce attorney in Albany, Saratoga, and the surrounding areas. For more than 20 years, Jean has maintained her capital region law firm, located on Route 9 in Clifton Park, New York.

The practice encompasses all areas of family and matrimonial law, an online uncontested divorce service and various areas of estate planning.

Areas of Expertise: New York Divorce, Separation, Child Custody, Child Support, Spousal Support, Property Distribution, Post Divorce Issues, Real Estate Closings, Sale of Marital Real Estate, Preparation of Qualified Domestic Relations Orders, Dividing Retirement Assets

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