Can I Request to Change The Judge That Was Assigned To My Family Law Case?
The question I had today was from a father who is fighting for custody of his children. He was assigned a judge that, for whatever reason, he feels is not the best judge to handle his case. He wanted to know what recourse he had, if any, to change the judge that was assigned to his child custody case. I explained to him that, yes, in Nevada you do have the right to change the judge that is assigned to your case.
Luckily for this father and for residents of Nevada, the state of Nevada offers what is known as a Peremptory Challenge. This request allows either party to urge that a new judge be reassigned to their case. The party does not need to prove anything or provide any reason for the request, the presiding judge will simply be removed and a new one will be assigned. While this is an option in Nevada, you can only call on the peremptory challenge one time and it must be within the first 10 days of receiving notice of the hearing. There is also a $450 fee associated with enacting a peremptory challenge.
Takeaways to remember:
- You do not get to pick and choose which judge you want to take care of your case, but you do have the right to have your case reassigned.
- If correctly done in a timely manner, each side gets the option of a one-time random reassignment of a judge.
- Your right to a peremptory challenge expires after 10 days of being notified of your hearing.
If you are experiencing a Family Law issue you would like to discuss further, please do not hesitate to contact our office to speak with our experienced Family Law Attorney. Our office can be reached at (702) 998-1188, firstname.lastname@example.org, or by scheduling a consultation online.