How do you Change Judge in your Divorce or Custody Case?

There can be several reasons that you would want to change the judge in your case and there are a few ways that you can move to change judge. Reasons for change could include a feeling that the judge is biased or doesn’t like you. The judge could even have some connection to the other party.

If you feel like a you are in a bad situation there are some steps you can take.

TALK TO YOUR ATTORNEY

The first step is to talk to your attorney. A change of judge can be a drastic measure that should not be taken lightly. Talk through the strategy and risks/benefits with your attorney before doing anything.

SHOW ACTUAL BIAS

If you can show actual bias, the judge would have to recuse themselves. This usually occurs if one of the parties was previously a client of the judge before they were judge or they have some direct relationship. This is a situation where a judge would typically recuse themselves when made aware of the conflict. Simply disagreeing with the judges ruling in the case is not enough to show bias.

ALLOWED ONE CHANGE OF JUDGE IN FAMILY LAW CASES

Under Indiana law, you have a right to one change of judge in Indiana family law cases under Trial Rule 76. A change or judge usually does not happen in the middle of your case. The request usually needs to be made at the outset of the case or at the time you are moving to modify the decree or custody order. At that time you are able to put in a motion for change of judge or venue and request that a new judge be assigned.

REQUEST PRESIDING JUDGE

There are also two types of judges - magistrates and presiding judges. A magistrate is a judicial officer that hears cases for the particular court and reports to the presiding judge. If you believe the magistrate may have some bias you can request that the presiding judge hear the case to solve the problem.