Child Custody

questions & answers

Question: what if I don't agree the temporary orders from a judge? How can I get a different judge if I feel the judge I have is being biased

Answer: Under the Arizona Rules of Family Law Procedure, Rule 6.1, a motion for change of judge for cause must be filed within 20 days from the date you learned of the judge's bias.  It requires and affidavit and evidence of bias.  The issue is decided by the presiding judge.  Every litigant is entitled to one change of judge without cause under Rule 6.  The right is considered waived once the judge has ruled on a contested issue.  It must also be timely.  For more information, you may want to consult a lawyer.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.