Pacheco Perez P.A.

Child custody dispute takes twist: Judge served in case

As we have noted in prior select posts, every divorce matter in Florida and elsewhere is unique, and for this obvious reason: Every family is unique.

Some families need to settle outstanding issues regarding assets and property. In other divorces, money might be less of an issue, with other matters instead predominating.

A common example of the latter often centers around child custody and visitation concerns. In some divorces, custody can be the single and overriding issue, and things can sometimes be drawn out and less than amicable.

A literal case in point from New York illustrates well how a custody matter can seem to break down irretrievably, resulting in both a high level of acrimony and protracted court proceedings.

In that case, an ex-spouse and mother of a 9-year-old girl has just taken the unusual step of filing a federal lawsuit against one of the principals in the drawn-out custody proceedings involving the daughter.

Surprisingly, that is the judge, with the mother claiming that the custody battle she is embroiled in with her former husband has been impermissibly strung out by actions taken from the bench.

The litigation comes with a $10 million demand. The mother notes that, while state law mandates the closure of custody proceedings within 90 days after their commencement, the case involving her daughter has dragged on for more than 1,200 days.

The woman’s former partner currently has temporary custody of the girl, but the mother states that the ruling both ignores her daughter’s best interests and her expressed wishes.

The woman has been to court more than 40 times since the custody dispute began and has reportedly spent more than $200,000 on litigation costs.

Source: New York Post, "Mom sues judge over 3-year custody battle," Julia Marsh, Dec. 2,2013

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