If you win a family court appeal in MS can you request another judge? If a person wins an appeal in MS family court due to no guardian ad litem being appointed when allegations of child abuse are made known does the appellant have grounds to request another judge or will the appellant have to face the same judge?
If you win a family court appeal in MS can you request another judge? You can always file a motion to recuse, perhaps with a rehearing with the chief judge afterwards. Without knowing the details of the reversal on appeal, though, it is impossible to identify whether the appellate opinion or the record of the case endorses/supports a finding of bias or other grounds for disqualification. These motions are hardly ever granted. See Pearl River Co. Board v. Mississippi, 289 So.3d 301, 308-309 (2020): In the absence of a judge expressing a bias or prejudice toward a party or proof in the record of such bias or prejudice, a judge should not recuse himself. [...] The burden [...] is a heavy one The bar for granting these motions is overly high not just on paper, but in reality there is also an element of judicial arrogance insofar as these motions are a form of firing a judge. Recusal can be meritorious in your case, yet be denied even by the chief judge and the appellate panel.
Note: The answer to the question is not the same in every U.S. state and territory. I have provided definitive answers only when there is unanimity or near unanimity. Did the deceased's family obligate themselves by not returning the the first service, that of the Notice of Appeal? No. Unless they expressly agree to do so in writing to be responsible for a decedent's debts (which almost never happens in the U.S.) next of kin of have liability regarding the debts of a decedent (at least by virtue of being next of kin, obviously, if they were, example co-defendant in a case who participated in the wrongful conduct, that could be another matter), except that it may result in a claim against the probate estate which reduces the size of their inheritances (potentially to zero), if timely asserted in the probate estate. As the next of kin are they obligated to receive the mail addressed to the deceased? No. Also, counsel for a decedent are terminated as counsel as a matter of law upon the death of a client. It is customary for a lawyer in the case (often, although not necessarily, the lawyer for the decedent if the decedent was represented by counsel at the time of death) to file a document usually entitled "suggestion of death" in the pending case when someone dies. But, no one is obligated to do so, and if the party is self-represented in the case (a.k.a. pro se), or that party's lawyers have withdrawn from the case, neither the decedent's former lawyers, nor anyone else in the case, may even be aware of that fact that the party to the case has died. What would be a possible remedy to keeping the claim active against this defendant albeit deceased defendant? File a claim in the estate of the decedent if the deadline for filing claims has not lapsed (which two years later, it may very well have). Normally, either a claims deadline that functions by operation of law (e.g. a state law non-claim deadline one year after the date of death), or a claim deadline arising from publication of a notice to creditors in the legal section of a newspaper in the area where the decedent died in a manner prescribed by state statute, would bar the claims, especially if the status quo was that they had been dismissed at the time of the decedent's death, even if there were still undistributed assets left in the probate estate after the deadline for filing claims has expired. It may also be possible to do a substitution of parties of the decedent's probate estate for the decedent in the pending case, if a probate estate has been opened and the deadline for filing claims has not yet lapsed. If a probate estate has not been opened, usually, after a certain amount of time, a creditor may open up the estate without the consent of the next of kin, or a public administrator will be appointed if there are no next of kin who have done so, and there are assets left to be managed in the probate estate. The law governing exactly when a probate estate has liability for the debts of a decedent incurred during life is a matter of state law that varies in significant detail between different states within the United States and is quite technical. I've written a couple of Colorado Bar Association journal articles on that subject applying Colorado law (Andrew Oh-Willeke, "Creditor's Rights In Probate - Part I and II", The Colorado Lawyer, May 2015 and June 2015). Note that the general rules may not apply in all cases to lawsuit brought "in rem" (i.e. adjudicating rights in a particular piece of property) although those kinds of cases aren't very common in federal court and would rarely involve the fact pattern set forth in the original post. Footnote Re Federal Civil Procedure For many years there was a lack of clarity, and/or a split of authority between U.S. Court of Appeals Circuits, over the proper time to appeal a ruling dismissing a party entirely from a case as a matter of federal civil procedure in various circumstances. It was resolved a few years ago, but I don't recall the outcome of that case. The general rule, expressed in Federal Rule of Civil Procedure 54(b) is that the dismissal of a party in a case cannot be appealed unless the trial court certifies that decision as final for purposes of appeal which is a discretionary decision for the trial court judge.
Judicial Immunity The decision could be appealed to a higher court, but judges normally have absolute immunity from civil lawsuits for official actions, even when these are blatantly malicious and clearly wrong. Only when actual bribery is proved are there likely to be consequences to the judge. Judicial Code According to the Mississippi CODE OF JUDICIAL CONDUCT Cannon 2 Section A reads: A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary Cannob 3 Section D (1) reads: A judge who receives information indicating a substantial likelihood that another judge has committed a violation of this Code should take appropriate action. A judge having knowledge that another judge has committed a violation of this Code that raises a substantial question as to the other judge's fitness for office shall inform the appropriate authority So if one reports improper conduct by any judge to another judge, the 2nd judge is required to forward the report to the appropriate supervisory authority, which may act on it. Child abuse According to Findlaw's page on &quot;Mississippi Child Abuse Laws&quot; Child abuse in Mississippi is defined as causing or allowing a child to be sexually abused or exploited, emotionally abused, mentally injured, non-accidentally physically injured, or otherwise maltreated. ... Felony child abuse is intentionally, knowingly or recklessly doing any of the following to a child, whether or not harm results: Burn Physically torture Strangle, choke, or smother Poison Starve Use a deadly weapon on It’s also felony child abuse to cause serious bodily harm to a child (for example, breaking bones or causing permanent disfigurement, scarring, internal bleeding, brain damage, eye or ear injuries) by intentionally, knowingly or recklessly: Striking on the face or head Disfiguring or scarring Whipping, striking, or otherwise abusing Finally, felony child abuse is causing a child bodily harm (such as bruising, bleeding, or soft tissue or internal organ swelling) by intentionally, knowingly, or recklessly: Throwing, kicking, biting, or cutting Striking a child under 14 on the face or head with a closed fist Striking a child under 5 on the face or head Kicking, biting, cutting, or striking a child’s genitals (except for male circumcision) Failing to appoint a guardian ad litem does not seem to fit any of those, nor even to come close.
In 50/50 custody you have the right to stand your ground to ensure the safety and well being of your children. You do not need to involve police unless it is an emergency. &quot;911 Operator, what is the emergency&quot;. Only call them when you feel your children are in grave danger. For example, you know for sure that the other parent is drunk and driving, or the other parent is drunk and on the ground unable to move and the child is in danger, etc. If you involve the police over your partner excessive drinking than, and they find that she was not excessively drinking, you will face false accusation charges and her lawyer will try to make you look like the bad guy trying to take away her children. how drunk does my ex have to be for me to deny a drop-off? Is it entirely based upon outward signs or blood-alcohol level? You should not search for drugs or alcohol, or administer tests, as to avoid the accusation of an illegal search. You can, however, based on your judgment of common sense assess the situation and see how drunk (s)he is and make your decision based on that circumstances. Make a 1-page log to document the date, time, situation description (3-5 sentences of what you see and why you make that decision.) It would be wise to have a witness around, so write down the person name as well for reference, (NOT MANY PEOPLE LIKE TO BE WITNESSES, But you can write down the people names that you know were around that incident.) Don't tell your partner that you are making the log. Suprise them in the court when you have a full page of incidents due to drinking. Am I correct in assuming that in order to protect myself from being accused of denying visitation, that (in the future) I need to involve the police if I suspect her of being intoxicated? *Always protect yourself! Be Your Own Advocate. * Don't involve the police unless its am emergency, read the first comment above. If I involve the police, do I need to be sure that she is extremely intoxicated in order to avoid a &quot;false alarm&quot;? (Obviously, this scares me as I'd prefer she didn't drink at all) This drinking incident is alarming itself. However, you should consult with your family law attorney. I would say that document five issues if it exceeds 5 in one month than filing a motion with the court to adjust the drinking problem, and that you request the child to be with you 60/40 custody. You must be able to demonstrate that you have the time, commitment and resources to take over the 60/40 custody. What options do I have, if any, if she drinks around him in her own home? Is she within her legal right as long as she doesn't get in a car, doesn't pass out or does something blatantly abusive? File a motion to adjust the custody, speak with your family law attorney.
This generally requires a court order (everything depends on jurisdiction: this is a state matter, not a federal matter). As a minor, the courts could allow your parents to change from Dweezil to William without involving you, until you are old enough that the judge thinks you might be able to have reasonable input into the matter. Once you're over 18, your parents can't change your name &ndash; you would have to do that, at least if you are mentally competent. In Washington, the courts juggle the wishes of the child, the wishes of the parents, how long the child has had the name, and the social advantages or disadvantages of the name change, and permission from the minor is required if over 14 (child input would be solicited for a child over 7). Since this involves a court order, in principle this information is available to the child. In cases involving domestic violence, the records could be sealed. A name can be changed by changing the birth certificate which means filling out a form and paying a fee, and if the child is under 1 year old, it just requires the signatures of the parents (or, a court order). This "under 1" paperwork approach seems to be widespread (Colorado, New York, others). Also bear in mind that the initial filing of a birth certificate may well not have a child's name, which may not be supplied until the parents make up their minds. Changes to the birth certificate are knowable (they don't erase anything), but can only be revealed to the subject of the record, or in case of court order. Thus a change should be discernible, if other states are like Washington.
In most places I imagine the issue would go before a probate judge who would attempt to determine the validity of each presented will, and if both were valid, then they would attempt to reconcile the disparities to the best of their ability. Broadly speaking, the process would look like this (I'm using UK law as an example): You die An individual is chosen to handle your affairs (executor or administrator [or possibly both depending on jurisdiction]) They choose a will to go off of (these steps could be reversed if the wills named different administrators, in which case each administrator would file for the grant of representation and consequently involve the probate judge earlier) Someone challenges and suggests using the other will (probably because they feel they're not getting what's theirs) A probate judge is involved The probate judge decides Appeals would be made to Court of Appeals and then to the Supreme Court That being said, every jurisdiction is different, and this is more of a template answer for English common law (and derivative courts), than an attempt to describe in detail any specific jurisdiction's procedures.
No. The true accuser is the state and the state always has standing to enforce its laws. This is an injury in fact. The judge would laugh at you and probably then double the fine for your insolence. This defense would be considered frivolous.
I am going to convert a set of comments into an answer. Please note, IANAL, especially in your jurisdiction. You are asking the wrong question. The Court is not specifically ordering your father to make more money; it is ordering him to support his ex-wife (XW) at a level similar to what she enjoyed during the 20-year marriage. This is not outlandish. In fact, it would be typical of a divorce in the old days, when the mother (1) was likely to have custody of any minor children and (2) was likely to have not worked outside the home, at least, not in a high-skill job. It's less typical today, since these conditions are less common now. He can do this by continuing to work to make more money, or by giving her most of his pension, or by selling off his land, etc. How is his issue. However, your father is making no attempt to improve his situation, and as I will discuss below, this doesn't seem unprecedented. Even though XW has hired an attorney, he has not, using the excuse it is too expensive&mdash;while the XW&rsquo;s capable attorney takes him to the cleaners. Penny wise pound foolish. This is a serious error. He has not entered into a formal custody arrangement. XW could appear at any time demanding at least half-time custody, for whatever reason. This is a serious error. He has taken on unofficial sole custody of the minor child (your half-sister, I suppose), without asking for child support, even though this would substantially offset the alimony to XW. He could probably get this even before the full court hearing, although, again, IANAL, and he needs a local lawyer to handle such a petition. This is a very serious error. He allowed XW to present what you feel is an unrealistic picture of his income based on his second job. Now, depending on your father's age, maybe lowering the standard of living and retiring on a pension is unrealistic. But did your father make any attempt to show that XW had worked before or during the marriage or had marketable skills? At least in some jurisdictions, alimony would be reduced by what the Court feels XW should contribute to her own upkeep. Since she isn't taking care of children, she can't use them as an excuse to stay home. This is a serious error. He could also explain that since he was now in charge of the minor child, it was unfair to ask him to work far from home (more common with the sexes reversed, but not unheard of). Did he introduce a more complete income history showing that the second job was recent, intended to be temporary, away from home, and he detested it? Or did he just let XW bring in her version, unopposed? A lawyer would have introduced this argument if it is valid where you live. This is a serious error, that must be remedied before the final hearing. My first thought was that your father is still in shock from XW leaving him and petitioning for divorce, but on re-reading your description of why he took the second job, frankly, he seems to arrange his life to get pushed around and then whine about it. You need not indulge this. Tell him to get a divorce lawyer, not go around looking for someone to sympathize over the bad deal he got after "saving" money representing himself.