Judge resigned due to dimentia


#1

I currently have a motion in place for my ex to show cause for denying substantial visitation, aside from outlined holidays in the current court order. One year ago, my daughter was placed with her father in full custody because I had decided to move out of state. The twist is that the Judge who ordered the specifications has stepped down from the bench due to a diagnosis of dimentia. I wonder if I can appeal the entire custody case due to his disorder, or continue with whichever new Judge we might land?


#2

In order to change custody you will have to prove that there has been a substantial change in circumstances which affect the well being of the child since the ruling was made, or to appeal you must be able to assert that the judge made an error in the law in arriving at his/her decision. So, you will need to show that the judge made an error in the law he looked to in making his decision. Whether he has dementia now will not help you if he did not make such an error in his findings.