Should my Judge have been recused for a conflict of interest???

[marieh1953]

I live in Louisiana. I lost my parental rights in a case 2 years ago where the Judge who sat and ruled on the case had been my ex-husband's divorce lawyer before he won his judgeship (then my exhusband was sent to another lawyer which the judge recommended to him)... Also, this judge was my exhusband's family's business attorney for nearly 30 years (my exhusband's family owns a business in our small town and the judge was their lawyer for any legal matters they needed)... We live in a very small town, and everyone knows everyone's business, needless to say. When me and my exhusband first separated around 2002, i called this judge (he was just a local attorney then) and asked him if he'd represent me as my divorce lawyer (he was known as the best in town). He told me then he would not represent me or my exhusband - he said to me that he knew us both and it would not be good to be either one of our's attorney... Yet, he sat and heard the case and ruled in favor of my exhusband. I have been living in a fog for the last 2 years and very depressed. I have managed to come out of my depression through therapy and I want to fight this ruling!!! Everyone I know says they cannot believe it actually happened. I was stunned as well. Incidentally, the attorney that represented me was engaged to marry my exhusband's wife's sister. So, now my ex-attorney is now my ex-husband's brother-in-law. I was told it would cost $10,000 just to try to appeal this (by my ex-attorney). I lost my only daughter in this case! My parental rights were TERMINATED and the judge ordered the birth certificate changed to remove me as the mother!!! I AM CRUSHED!!! Do I have grounds for an appeal and does anyone know where i go from here?What is the name of your state (only U.S. law)? I live in Louisiana

 

[Proserpina]

I live in Louisiana. I lost my parental rights in a case 2 years ago where the Judge who sat and ruled on the case had been my ex-husband's divorce lawyer before he won his judgeship (then my exhusband was sent to another lawyer which the judge recommended to him)... Also, this judge was my exhusband's family's business attorney for nearly 30 years (my exhusband's family owns a business in our small town and the judge was their lawyer for any legal matters they needed)... We live in a very small town, and everyone knows everyone's business, needless to say. When me and my exhusband first separated around 2002, i called this judge (he was just a local attorney then) and asked him if he'd represent me as my divorce lawyer (he was known as the best in town). He told me then he would not represent me or my exhusband - he said to me that he knew us both and it would not be good to be either one of our's attorney... Yet, he sat and heard the case and ruled in favor of my exhusband. I have been living in a fog for the last 2 years and very depressed. I have managed to come out of my depression through therapy and I want to fight this ruling!!! Everyone I know says they cannot believe it actually happened. I was stunned as well. Incidentally, the attorney that represented me was engaged to marry my exhusband's wife's sister. So, now my ex-attorney is now my ex-husband's brother-in-law. I was told it would cost $10,000 just to try to appeal this (by my ex-attorney). I lost my only daughter in this case! My parental rights were TERMINATED and the judge ordered the birth certificate changed to remove me as the mother!!! I AM CRUSHED!!! Do I have grounds for an appeal and does anyone know where i go from here?What is the name of your state (only U.S. law)? I live in Louisiana

This happened 2 years ago?

If you have ANY chance at appealing - and there's likely a statute of limitations issue - you NEED an attorney.

 

[Antigone*]

This happened 2 years ago?

If you have ANY chance at appealing - and there's likely a statute of limitations issue - you NEED an attorney.

There has to be wayyyyy more to this story. Parental rights are not terminated just because daddy knows the judge better than mommy.

OP, why don't you tell us more about this "fog" you've been in.

 

[sandyclaus]

There has to be wayyyyy more to this story. Parental rights are not terminated just because daddy knows the judge better than mommy.

OP, why don't you tell us more about this "fog" you've been in.

x2...

It takes some pretty extreme circumstances for ANY judge to terminate parental rights. Just because you don't agree with the judge's decision doesn't mean it wasn't the right one.

Sure, you could try to appeal and have a different judge hear your case. However, I'm getting the feeling that the facts won't change much, and the judge for your appeal might end up making the same decision as the first one did. If that happens, then will you end up demanding yet another appeal or trying to find a reason that the NEW judge must also be biased against you?