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Can a child custody and divorce case go to a trial by jury?

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F

FatherOf3

Guest
Please respond with legal advice appropriately with higher courts and appeals within the State of Florida.

My case is HUGE to start off. $30K later and still another 4-6 months to go. My "wife" has totally screwed me over big time. I have two attorneys and a private investigator working presently on my case. I've gone through the whole thing: Child Protective Services, Guardian Ad Litem, three depositions (two more are schedualed(for her), numerous court proceedings, two contempt hearings(against her), contact with a police detective(against her), and psychological evaluations. My "wife" has been found to be an "unfit" parent by Guardian Ad Litem and then by the psychological evaluations. My "wifes" attorney is a new attorney and he has been doing things against the code of ethics for attorneys. Like filing motions and sending documents to the Judge without even corresponding with my attorney.And I am presently waiting on two "facts" to file criminal charges against her. I should know by the end of this week to present those to the State's Attorneys office for prosecution. The Judge has found her in "Contempt" two times for not obeying his orders. The Judge in the other hand has made little or no attempt to find her "unfit" so far to have primary custody of our sons. I see our sons every other weekend right now. My parents are frustrated with everything and so am I. It seems as though she can get away with anything because little has been done so far in order to impose penalties on her. My attorney and I have been talking about the Judges code of ethics and he feels the Judge is being influenced by someone else. My attorney also states he is not the only one that has noticed that the Judge has acted inappropriately. There are many attorneys who notice that the Judge has not acted accordingly to mine and other cases.
Motions and court paperwork have sit on his desk for weeks without him responding to them. And "Orders" that he has made, he can't remember his own orders to even recall the case. The Judge has recently stated that he wants the "bickering" to end and reach some kind of resolution. There's more to this case than just "bickering" but a flagrant misuse of the legal system.
My question is can a Judge be recused and/or can the divorce and child custody be brought to Trial By Jury?
I have been told that a Trial By Jury is hard to get involving family issues, but is it possible?
Money is not the issue. Our sons are the issue.

Thanks.

Please respond with legal advice appropriately with higher courts and appeals within the State of Florida.




 


I AM ALWAYS LIABLE

Senior Member
My response:

Since "money is not an issue", it would be more efficient if you merely asked your attorneys to research and write you a "Memorandum" on the issue.

California, for example, does not allow trial by jury in dissolution or child custody matters. It is highly possible that Florida is similar in this respect.

There is also a company that writes legal Memorandums, called "Quo Jure". Take a look at this link, and see if they can write a Memo for you.

http://www.quojure.com/begin.htm

Good luck to you in your quest.

IAAL

[Edited by I AM ALWAYS LIABLE on 02-18-2001 at 10:54 PM]
 

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