The judge overseeing the bitter divorce and custody battle between the parents of Thomas Valva has recused himself from the case.

The 8-year-old died last month after police say his father forced him to sleep in a freezing garage.

Michael Valva and his fiancée Angela Pollina are both facing murder charges.

The boy's mother, Justyna Valva, had been stripped of custody despite accusations of abuse against her estranged husband.

Justice Joseph Lorintz stepped down from the case on Monday, just a couple of days before a rally calling for him and two other judges who dealt with the Valva family be removed from the bench.

A court spokesperson told Newsday Lorintz is prohibited from commenting on ongoing cases.