Can a mother get a change of venue to seek full custody, due to a conflict arising from a judge and attorney who worked together in private practice?

UPDATED: Aug 4, 2011

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Can a mother get a change of venue to seek full custody, due to a conflict arising from a judge and attorney who worked together in private practice?

I am seeking advice for my sister whose ex-husband is behind on his child support (until he takes her back to court and they make him make a partial payment). He refuses to give their son his asthma medication. Their son’s primary doctor, due to confrontations with her ex, now will no longer now see him. Her ex walked out on couples therapy and mediation. A court-appointed counselor refused to see him due to his “anger issues” which he has shown in court. What are her options? Local referrals?

Asked on August 4, 2011 Kansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sorry for your sister's situation. I am a little confused about the judge and attorney issue.  Do you mean that the Judge and her ex husband's attorney were partners?  Then her attorney has to request that the Judge recuse himself from the case  - step down from hearing it - on the record.  If he refuses then her attorney can request that a change in venue but I am unsure that this situation permits this result.  If the judge refuses and the case continues and the result is not what the law would hold then appeal is the answer.  What you sister has to stress is that he is putting the child in danger by refusing to administer the medication. Please have her get help asap.  Good luck.

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