Judge vs. Magistrate

[tom_rob]

What is the name of your state (only U.S. law)? FL

My ex is taking me to court to try and move to Costa Rica with my three year old boy whom I have two days a week.
She requested a magistrate vs. the Judge. Through our divorce we used the Judge, but a new Judge has taken his place as of January.
I would really rather just stay with the Judge, I know I have the right to request this.
Is the Judge going to look down upon the fact that I don't want to use the magistrate? Also, besides the magistrate probably being able to schedule a hearing earlier, what are the pros and cons to a magistrate?

Thanks for the help!

Tom

 

[Ohiogal]

Using a magistrate can cause things to take longer. Magistrate decisions need to be approved by the judge and can be objected to which sends it to the judge. The judge then has the opportunity to hear it de novo in many instances.

 

[Ronin]

It's a good bet your wife's attorney may not like the uncertainty of a brand new judge and feels more comfortable with a magistrate he or she has worked with in the past. The attorney might also feel this magistrate would be more inclined to grant relocation.

Given the nature of your case, you may be better served going with the new judge, especially if you are doing this as a pro se. If it takes longer to be granted a hearing in front of the judge, that could work to your benefit if you use the extra time to better prepare your case.

 

[tom_rob]

I appreciate the input. I think I am going to object to it. I think I would just feel better having the Judge hear everything (sounds very naive, I know).

Now just trying to find a florida form for an objection to referral to magistrate, but no luck.

Guess I'll type it up on my own...

I've come to the conclusion that lawyers are basically paperwork filers... or empoy many people that must work on it!!!

Thanks again,
Tom