Biased judge, un fair trial

[meinnocenthah]

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

I had not known the judge we had assigned to the case was Bias, he basically had his mind made up to side with the father of the child in question without even hearing the evidence or testimony. The judge flat out told both lawyers his intent during the hearing proceedings yesterday *he took them into chambers*.

I did not get a fair trial at all....doesnt that alone violate my right?

Now, im about to lose my 4 month old daughter to her father whom she has never met or seen...my baby is my life and my world..I have mental problems and my baby is what keeps me going day to day...i dont want to get depressed, suicidal or anything... losing my baby is like taking my life from me

I want him in her life, but what the judge ruled is way out of line and not proper for the childs age or gender....The judge basically ruled that he gets to take the child three days a week (weekends..which is my only time i get to really spend time with her due to my work schedule also), and expect the child to just transistion fine.. Im breastfeeding, which i dont have the ability to pump...which means shes going to have to take formula while in his care which is not fair at all...thats a huge change for a little girl...shes also experiencing separation anxiety...

I know i can appeal the ruling, but how to i also get the judge recused and get his rulings possibly thrown out? How do i get this all postponed at least? This is all supposed to happen starting friday *taking the child*...

Also i believe there may be a conflict of interest since the judge is related to my extended family.

How do i go about appealing/throwing out his rulings due to the bias? we were never aware of his actions/behaviors until yesterday post hearing, previous proceedings were mainly just continuances so a hearing could be set. My lawyer and i were amazed at how bias he was and what he did was way out of line and he definitely did not obey the laws regarding best interest of the child..

I dont know what to do...can someone please help?

 

[Isis1]

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

I had not known the judge we had assigned to the case was Bias, he basically had his mind made up to side with the father of the child in question without even hearing the evidence or testimony. The judge flat out told both lawyers his intent during the hearing proceedings yesterday *he took them into chambers*.

I did not get a fair trial at all....doesnt that alone violate my right?

Now, im about to lose my 4 month old daughter to her father whom she has never met or seen...my baby is my life and my world..I have mental problems and my baby is what keeps me going day to day...i dont want to get depressed, suicidal or anything... losing my baby is like taking my life from me

I want him in her life, but what the judge ruled is way out of line and not proper for the childs age or gender....The judge basically ruled that he gets to take the child three days a week (weekends..which is my only time i get to really spend time with her due to my work schedule also), and expect the child to just transistion fine.. Im breastfeeding, which i dont have the ability to pump...which means shes going to have to take formula while in his care which is not fair at all...thats a huge change for a little girl...shes also experiencing separation anxiety...

I know i can appeal the ruling, but how to i also get the judge recused and get his rulings possibly thrown out? How do i get this all postponed at least? This is all supposed to happen starting friday *taking the child*...

Also i believe there may be a conflict of interest since the judge is related to my extended family.

How do i go about appealing/throwing out his rulings due to the bias? we were never aware of his actions/behaviors until yesterday post hearing, previous proceedings were mainly just continuances so a hearing could be set. My lawyer and i were amazed at how bias he was and what he did was way out of line and he definitely did not obey the laws regarding best interest of the child..

I dont know what to do...can someone please help?

i'm not biased. but there, RIGHT there.....explains alot.

the judge did not take the child away from you. the judge ruled that you SHARE the child equally.

if you feel more depressed about equally sharing your (plural) child with the father, you need to speak to your doctor about adjusting your medication.

 

[meinnocenthah]

Thats the issue, i WANT to share custody and visitation with him...but i think we should both do it together especially with a 4 month old daughter. He has never made the effort to be in her life (ive tried to get him to) he wasnt even apart of the pregnancy...he wasnt even there when she was born...

the judge even awarded no contact orders between us... hes crazy... what he ruled for a 4 month old baby is outright shocking.. especially when theres an extensive history of domestic violence during my pregnancy (geared at me, also in front of my other child) The guy did not like the fact it was not a son..the judge pretty much sided with him no questions asked.. where he did not even listen to my attorney...my attorney proved alot of great points about the guy and his drug use and history of abuse... but the judge basically shrugged it off like verbal abuse is not bad. But when throughout my pregnancy he called me every vulgar name in the book...

I resented him for the things he did to me...but i dont anymore..i still love him alot... ive got alot better understanding of what happened between us.

the judge violated my right to a fair trial...violated the law (fam code sec 3044 in the best interest of the child no custody should be awarded to a perpetrator of domestic violence) The guy even threatened to kick my ass three days prior to the babys birth...

I had alot of complications in my pregnancy due to him...i had preterm labor three times...his mom punched me in my stomach at 6 months along... ive filed police reports, but they were not considered due to the officer not being there to testify...

 

[Proserpina]

Thats the issue, i WANT to share custody and visitation with him...but i think we should both do it together especially with a 4 month old daughter. He has never made the effort to be in her life (ive tried to get him to) he wasnt even apart of the pregnancy...he wasnt even there when she was born...

the judge even awarded no contact orders between us... hes crazy... what he ruled for a 4 month old baby is outright shocking.. especially when theres an extensive history of domestic violence during my pregnancy (geared at me, also in front of my other child) The guy did not like the fact it was not a son..the judge pretty much sided with him no questions asked.. where he did not even listen to my attorney...my attorney proved alot of great points about the guy and his drug use and history of abuse... but the judge basically shrugged it off like verbal abuse is not bad. But when throughout my pregnancy he called me every vulgar name in the book...

I resented him for the things he did to me...but i dont anymore..i still love him alot... ive got alot better understanding of what happened between us.

the judge violated my right to a fair trial...violated the law (fam code sec 3044 in the best interest of the child no custody should be awarded to a perpetrator of domestic violence) The guy even threatened to kick my ass three days prior to the babys birth...

I had alot of complications in my pregnancy due to him...i had preterm labor three times...his mom punched me in my stomach at 6 months along... ive filed police reports, but they were not considered due to the officer not being there to testify...

How many domestic violence convictions does your ex have?

 

[cyjeff]

Let me get this straight.

Your idea of shared custody is when you have the baby together?

It doesn't work that way... and never will.

 

[meinnocenthah]

i guess what i mean is primary custody with visitation... My ex and i get along when im sane.. its been hard for me to accept and ask for help for my issues..which ive finally done just to make everything between my ex and i good again...i love him alot, i seem to screw up relationships when they get serious..i screwed up my marriage...now i screwed this one up. I know my ex loves me and i dont blame him for not wanting to deal with me at the moment.

My ex works 40+ hrs a week. When the baby was born my mom offered to bring him into our home friday -monday (when he gets off work friday-monday before he goes to work in the afternoon) and we could alternate staying at each others homes *he lives with his family, i live with mine..theres 6 year age difference between us im 24, hes 30)...but he didnt want to.. he would never want to see the baby...never wanted to financially support her. Im not sure whats changed in his reason why he now, 4 months later, wants in her life..but im glad he is...but the ruling the judge ordered was just obsurd.

He has alot of domestic violence convictions over the last year (20 or so in one long case)... the only thing they could not convict him on was the sexual battery...but the DV they had plenty of proof since he did it via emails and in front of my kids/family. He plea bargined and was req. to take the batterer intervention program and do communtiy service.
...he has not done the program yet....

the judge basically didnt even listen to anything my lawyer pointed out about the guy...which was not fair in anyway...and the judge himself should know the law...the judge pretty much had his mind made up before even hearing or seeing any evidence/testimony...which is bias and he should be recused for it....i just want to know what i can do to motion to vacate/throw out/set aside/appeal the judgement and recuse that judge so i can get a fair trial.

The biggest thing the judge violated from my lawyers perspective is
California Family Code Section 3044 (a) explains fully how in the state of California there is a rebuttal presumption that it is not in the best interest of the child, pursuant to 3011, for the court to award sole physical custody, sole legal custody, joint physical custody, or joint legal custody to a person who has perpetrated domestic violence or family violence within the previous 5 years unless there is a showing that it is in the best interest of the child by a showing of a preponderance of the evidence. In other words, Domestic Violence has a significant impact on an individual's child custody and visitation rights.
Preponderance of the Evidence Standard
3044. (a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the child's siblings within the previous five years, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child, pursuant to Section 3011. This presumption may only be rebutted by a preponderance of the evidence.

 

[cyjeff]

i guess what i mean is primary custody with visitation... My ex and i get along when im sane.. its been hard for me to accept and ask for help for my issues..which ive finally done just to make everything between my ex and i good again...i love him alot, i seem to screw up relationships when they get serious..i screwed up my marriage...now i screwed this one up. I know my ex loves me and i dont blame him for not wanting to deal with me at the moment.

This ain't Dr. Phil.

The statement "get along when im sane" goes a long way towards explaining the ruling, though.

You cannot use a court to force him back into a relationship with you.

My ex works 40+ hrs a week.

Me too.

When the baby was born my mom offered to bring him into our home friday -monday (when he gets off work friday-monday before he goes to work in the afternoon) and we could alternate staying at each others homes *he lives with his family, i live with mine..theres 6 year age difference between us im 24, hes 30)...but he didnt want to.. he would never want to see the baby...never wanted to financially support her. Im not sure whats changed in his reason why he now, 4 months later, wants in her life..but im glad he is...but the ruling the judge ordered was just obsurd.

Until the child was born, he had no responsibility to the child or you whatsoever.

He has alot of domestic violence convictions over the last year... the only thing they could not convict him on was the sexual battery...but the DV they had plenty of proof since he did it via emails and in front of my kids/family. He plea bargined and was req. to take the batterer intervention program and do communtiy service.

So.. you really love a batterer.

Suddenly, I feel my troll-dar kicking in.

 

[meinnocenthah]

I do love a batterer...i just know he has the ability to change... the violence started only when he found out the child was a girl not a boy.

My mental state was not brought up in court, im going through genetic testing and other testing now... mental illness runs in my family... ive just never had the guts to step up and say i have a problem

 

[Antigone*]

Thats the issue, i WANT to share custody and visitation with him...but i think we should both do it together especially with a 4 month old daughter. He has never made the effort to be in her life (ive tried to get him to) he wasnt even apart of the pregnancy...he wasnt even there when she was born...

the judge even awarded no contact orders between us... hes crazy... what he ruled for a 4 month old baby is outright shocking.. especially when theres an extensive history of domestic violence during my pregnancy (geared at me, also in front of my other child) The guy did not like the fact it was not a son..the judge pretty much sided with him no questions asked.. where he did not even listen to my attorney...my attorney proved alot of great points about the guy and his drug use and history of abuse... but the judge basically shrugged it off like verbal abuse is not bad. But when throughout my pregnancy he called me every vulgar name in the book...

I resented him for the things he did to me...but i dont anymore..i still love him alot... ive got alot better understanding of what happened between us.

the judge violated my right to a fair trial...violated the law (fam code sec 3044 in the best interest of the child no custody should be awarded to a perpetrator of domestic violence) The guy even threatened to kick my ass three days prior to the babys birth...

I had alot of complications in my pregnancy due to him...i had preterm labor three times...his mom punched me in my stomach at 6 months along... ive filed police reports, but they were not considered due to the officer not being there to testify...

While I can understand that shared custody to this degree while a child is this young can be hard for you to conceive, I don't think it is out of the question in the grand scheme of things.

I'm wondering about your own personal ability to parent this child, since you have so many mental issues then I'd say it is a good thing that Dad has this opportunity to help you co-parent his and your child.


eta...I'd be a bit hesitant to be around you when pregnant if your sanity were in question as well.

 

[Proserpina]

Are you saying that he had over 20 domestic violence CONVICTIONS within the past year? Against you?

Please clarify this. It's important.

 

[Proserpina]

I do love a batterer...i just know he has the ability to change... the violence started only when he found out the child was a girl not a boy.

My mental state was not brought up in court, im going through genetic testing and other testing now... mental illness runs in my family... ive just never had the guts to step up and say i have a problem

OK this I'm calling into question - exactly WHAT are you being tested for?

 

[Antigone*]

Are you saying that he had over 20 domestic violence CONVICTIONS within the past year? Against you?

Please clarify this. It's important.

Pro,

She has already told us she is mentally unstable. I'm just sayin...

 

[Proserpina]

Pro,

She has already told us she is mentally unstable. I'm just sayin...

I iz awaitin' ze answers to mah questions...

(Though as there is an attorney on board I'm not exactly sure how anyone here can help...y'know?)

 

[Isis1]

eta...I'd be a bit hesitant to be around you when pregnant if your sanity were in question as well.

which is why i've been told "it's not a good idea to get pregnant again" either.

yep. ask anyone. i am NOT a nice person.

OP. take the weekends off, catch up on your sleep. be grateful for the break and help. lack of sleep, does not help the mentally unstable.

and your therapist will be the first person to tell you, it's bad parenting to rely on an innocent human being and make them responsible for your sanity.

 

[Proserpina]

OP needs to have a reason to appeal - you can't just appeal because you don't like the decision.


ETA: I really hate deleters