What is the name of your state (only U.S. law)? Texas
My sister's ex filed a motion to lift the domicile restriction in the divorce decree so he could relocate 3 children from Texas (Collin County) to California. On the court date a preliminary hearing was held. When the judge heard about the request to relocate, he made a sarcastic remark which wasn't favorable to the ex's chances to move. This prompted the ex and his lawyer to drop the relocation motion. The court was held that day for another issue, and the divorce decree was finalized.
Now we hear that the ex is soon going to file another motion to lift the domicile restriction - except this time request a trial by jury. Maybe I'm wrong, but I thought one side couldn't cherry pick their own judge or manipulate the court system.
1. Is this kind of trial by jury request automatically granted? And if not who decides if it is to be granted?
2. In these kind of cases, does trial by jury usually mean the original judge isn't going to preside over the trial?