[Cat1864]

The judge trying my case in family court, is the same judge that tried my sisters case for the same kids. Is it possible to remove this judge, since their opinion could be biased?

Joy, was pointing out that your attitude and demeanor in court may be part of the issue if you have been arguing with the judge in the custody case. Do you have a lawyer?

[J_9]

If you don't have a lawyer, you need one.

While you can't have the judge disqualified, your attorney can ask for a change. With that said, your past with DUI's may prevent you from getting guardianship and/or custody. While you state you have been sober for 7 years, your reputation precedes you, and depending on why your sister's rights were terminated, being her brother with priors may prevent you from achieving your goal.

Family services in most states want a child to be placed in a stable home environment, that includes a clear background check. I suspect this has little to do with your inability to obtain a license, but rather your police record.

[talaniman]

I assume since you have no biological standing then maybe its your wife who does, and it's she that has to take the case through the proper process. That's a lot better than trying to remove a judge from your case. Or prove his bias. I also assume you undertook this process without benefit of legal counsel. Child protective custody often recognizes next of kin and its telling in this case they did not so obviously there are some pertinent missing facts and things are not as simple as they seem here.

Is your wife, their aunt biologically related and is she involved in this process?

[J_9]

Child protective custody often recognizes next of kin and its telling in this case they did not so obviously there are some pertinent missing facts and things are not as simple as they seem here.

The issue here is that the OP has a criminal background with driving under the influence. Albeit it appears that was 7 years ago, however, family services is reluctant to place children in the guardianship/custody of anyone with any kind of criminal background.

[nyboss]

No I have not argued with Judge, I was never given time to even talk. Every time I went to court the case would be rescheduled to see how my sisters case would turn out. I told the judge I do not drive; my wife does. Not having a license makes me unable to be a foster parent, but Virginia has stated I am able to be approved for guardianship. The only person the judge is interested in is the social workers opinion. Since my nephews have been in foster care for over a year and a half, the foster parents have more right then me. Now the reason I did not start the petition sooner is, the social worker said with me being out of state I would need permission from both parents. One parent would consider and the other did not. This is all because I live in a different state then where boys were taken. So now I have petitioned court, it is too late. They say it is in the 'best interest of the child'. Just crazy they would rather put them on mind altering drugs so that they can adjust to their new family, then reuniting them with family members.

I am fighting pro se. Every bit of money I have I being used to get back and forth to court. I have spent over $10,000 int the past year on traveling, lodging, having lawyers file paperwork , etc.

[ScottGem]

The judge trying my case in family court, is the same judge that tried my sisters case for the same kids. Is it possible to remove this judge, since their opinion could be biased?

Talanian answered this a while back. It would be very difficult to have a judge removed from a case. And I wouldn't try without an attorney to tell you how.

On the other hand, you can try to appeal the case to a higher court.

[J_9]

Actually, the issue is your background. I'm sorry to say, but family services will place children in a home, foster or otherwise, where both parents have a crystal clear background check.

I understand that you have made some bad choices in your past, but, unfortunately, it has come back to haunt you.

While I am a nurse, my MIL is a CASA, I am very familiar with how this works. It has little to do with your ability to own a car or drive, but rather that you have been convicted of offenses regarding addiction in the past. The court must ensure that the child/children are not placed into situation where they may be endangered.

The fact that the maternal rights were terminated, for what reason you have not stated, the courts will be reluctant to place the child/children in the custody of a family member with a criminal background of any kind.