Ginter Family Law

No doubt children, of all ages, will be negatively affected somehow when parents are separating and/or when parents are unhappy with each other.  However, parents have the ability to take steps to minimize the negative effects felt by their children.  I believe that two basic steps must be taken in order for this to occur:  First, parents must have an AWARENESS in the forefront of their minds as to the serious implications for their children when they are unable to co-parent with each other or, even worse, when parents willfully take damaging steps such as disparaging the other parent in front of the children.  Second, parents must CHOOSE to take steps to protect the children from negative repercussions, including a choice to try to co-parent. 

I came across a very heartfelt article of a message that was disseminated by a judge regarding separating parents and their children.  Such a sincere message from a judge is a good reminder that parents do have the power…the power of choice…to make a positive difference in their children’s lives, as long as that power is actually exercised (i.e., the second of the two steps mentioned, above).  If you, or someone you know, is thinking about litigating a custody matter and going to war in court to “fight for the children,” it would like behoove both parents to rethink whether “fighting” is the really “for” the children, as opposed to “for” that parent.  A non-adversarial mode of resolution, such as mediation or collaborative law process, is a procedure that allows parents the opportunity to agree on various custody and parenting issues with the assistance of a mediator or attorney.  I am pasting the contents of this article in order to bring awareness to this important issue (i.e., the first of the two steps mentioned above). 

~~Sincerely, Bryan C. Ginter, Mediator & Attorney. 

The judge’s message is as follows: 

“In a case regarding the parents’ claims for custody of their children, the presiding family court judge eloquently expressed the court’s outlook as to why parents should do all that they can to resolve their issues before asking the court to decide the future of their family. We thank the Honorable Paul W. Garfinkel for his permission to reprint his words for the benefit of all parents, in South Carolina and elsewhere, who may be facing difficult choices as to what is best for their children:

I want to make a few comments to you about how important it is to your family to resolve this case. . . . I know that both of you sit here today each of you are convinced of the merit of your own case and the rightness of your own position. However, asking your attorney to convert your convictions and beliefs into evidence that will result in a verdict in your favor is asking for what I believe the most difficult task that a trial attorney can be required to do.

A custody case is much different than any accident case or a criminal trial. In those cases, an attorney is only asked to prove what happened at a specific date and place. All of the events have been fixed and are unchanging. A custody case is much different. You are asking your attorneys not to paint a picture in time but to present a movie. The movie must show over a broad range of time how each of you parent. Then I must decide which of you is the better parent.

Can you imagine if you had to prove that DaVinci’s “Last Supper” was a better painting than Michelangelo’s “Creation,” and say that you had to prove this to someone who had never seen either painting and you weren’t allowed to show the paintings to them? I suppose you could hire the curator of the Metropolitan Museum of Art who would come to court and testify about composition, color, depth, character, and proportion. Or I suppose you could bring in some ordinary people to say which one they think is better. Maybe you could take a poll. This is what you are asking your attorneys to do in this case. They have to prove to me which is the better parent, but they have no way of showing me exactly how you parent. They can’t take me to the study sessions so I can see you how a good tutor Dad is. They can’t bring me into your child’s bedroom at 5 a.m. to see how Mom comforts the child who is awakened with a fever. I want you and I want your attorneys to bring up those incidents which show you to be caring and loving parents, and I am sure they will try. However, it is more likely that they will be forced to show the other parent at his or her worse. Neither of these efforts will work very well. In trying to prove the positives you will discover that with the passage of time, the inability of witnesses to describe the situation with the same force with which it occurred, just the difficulty of putting into words other peoples’ thoughts, feelings and actions, all of these combine to make grey what you felt was vivid or blunt . . . what you thought was poignant. On the other hand, the negatives will seem to make you look like the worse parent that ever lived. Did you ever send one of your children to school without [their] lunch? Did you ever forget to give one of your children [their] medicine? Did you ever say about your child “I could have strangled her?” We probably have all done those things, and it will be presented as if you are the most neglectful or abusive parent. At the end of the trial any goodwill each of you had for the other, if there is any, will have been totally destroyed.

It is both of you who must be parents of these children until either you or they die. Neither I nor any of these lawyers . . . will be there for you for the remainder of this long journey. We could try to do our best to get you pointed in the right direction and maybe even help you along, but it is only in the first few steps. In the end it is both of you who must raise these children.

If your children could reach into their hearts and tell you exactly what they think and feel about what is going on here, if they could get beyond the hurt we know they must feel, we all know what they would say. First they would say, “I wish Mom and Dad were back together.” Knowing this will not happen, they would say, “I wish they would just stop fighting.” No doubt they love you so much they are probably blaming themselves for your original breakup. It is time you get past the anger and put aside the hurt. You may even have to forgive. The pain that has been caused here arises from the conflict between each of you and has nothing to do with the children.

Your children want this conflict to end. You have the chance to leave there today with an agreement that is in the best interest of your children. But it is an agreement that you must reach together. You must be willing to put aside your differences and be willing to accommodate each other’s needs. But most importantly you must be ready now to put the needs of your children first.

I know that your children want you to settle this case. You can do the right thing and you can start now. Put aside what has happened in the past. This is the judgment day for your children. It’s not about you. And think about the additional damage you are going to cause to these children. I can tell you right now it has happened and it happens every time. Put aside your own egos and swallow them. Leave it is in this courtroom . . . we’ve had a lot of egos left in this courtroom. You don’t see them but I do because I see parents who are willing to put their children’s welfare above their own ego. And they leave it right here and they know and understand what is really best for the children.”

At Ginter Family Law, we've taken the next level to client convenience, entering a new level of client assistance in a modern era where technology continues to evolve, allowing us to connect in ways we could not have used in the past.  At Ginter Family Law, we are so very excited to offer the use of web conferencing.

To do a web conference, all that is needed is a device with a webcam and microphone, such as a laptop, desktop computer or an iPad, and high speed internet...that's it!  In fact, iPads (2nd generation or higher) and most laptops, just to name a couple of devices, are already equipped with an internal webcam and microphone so no additional purchase is necessary.  A quality high definition desktop computer webcam, if not already included, can be purchased these days for only about $50.00. 

With web conferencing, you can now have a face-to-face meeting with an attorney at our firm without fighting traffic, stop signs and traffic lights.  If you live out of state or out of Sacramento County where travel could be very costly and/or time consuming, you no longer have to worry about these things.  Even buying a laptop might be cheaper than buying a plane ticket.  Buying a webcam might be what you would have spent in gas. 

You might be asking:  "What if I want the attorney to review documents?"  One simply scans (if necessary) and uploads documents to the "meeting space" in advance of the web conference.  During the web conference, the documents can then be viewed together by you and the attorney at the same time.  Not only is this process unbelievably efficient and easy, it also is "green" since no paper is wasted on faxes or mailing, and no extra money is spent on postage. 

If you, or someone you know, is facing a family law issue and would like to use the web conferencing as a means to have your consultation, please let us know when you contact us.  And, if you are a client and you would like to have your next meeting with us as a web conference, let us know next time you contact us. 

Ahead of the curve, Ginter Family Law brings you even more convenience so you can spend less time on the road, and more time on your life.  And, the use of web conferences contributes to a better environment by reducing the use of paper, reducing exhaust in our air and reducing your costs, including gas, postage and wear and tear on your car.  The future is here...at Ginter Family Law.

Beginning January 1, 2013, family law cases that have not yet had a judgment entered will be admitted into a case management system.  What does this mean?  The short answer is: more fees paid by parties, more paperwork to be filled out, more appearances and more time lost at work.  Specifically, periodically, a family law case will be reviewed by the court to check status.  The case management conference, if held, will be done at the courthouse and there will be a filing necessary in advance of this hearing.  This is yet one more reason for folks that are either about to initiate a family law proceeding or that have a family law matter pending to consider mediation as a non-adversarial form of resolution.  Mediation cases tend to take less time than litigation cases, which means minimizing one's involvement in the case management system, or potentially avoiding it altogether.  California Rule of Court 5.83 contains the framework for this case management system.  California Rule of Court 5.83 can be found by clicking here.

If you or a loved one is thinking about starting a family law case, this class could be just what you need to learn about various options that may be available to you.  This class may also help if you or a loved one are already have a pending family law proceeding.  The topics discussed in this class apply to a multitude of various family law issues, including, but not limited to, divorce, legal separation, custody and parenting time. You will hear about the differences between non-adversarial (i.e., out of court) and adversarial methods of resolution so you can make informed decisions.  The legal topics will be presented by Attorney and Mediator Bryan C. Ginter.  Additionally, Ralph Rast will be discussing tips for separating/separated individuals to help make your family law matter proceed more efficiently.  Registration and more information can be found by clicking here.  Space is limited, so sign up today to ensure a spot. 

Effective December 1, 2011, any hearing continuances must be done by making a personal appearance to court, as opposed to previously being able to phone in a hearing continuance.  This change was implemented by the court due to budgetary issues.  While this change is said to avoid the need for court clerks to handle phone requests for continuances, this change will likely adversely impact pro per (i.e., self-represnted) litigants, as well as represented litigants.  For pro pers, they will likely need to take additional time off work to appear and request a continuance.  For represented parties, they will surely be paying for their attorneys to make the appearance for a continuance.  This is yet another good reason for parties to consider a non-adversarial form of resolution, such as Mediation or Collaborative Law Process, where there are, typically, no hearings.

Unforuntately, as many people know, particularly those who are currently facing family law issues, the budget cuts in California have severely, and negatively, impacted the court system.  Sacramento's family court system was struck particularly hard.  What might have taken a couple of hours to file is now taking an entire day; the Family Law call center shuts down at approximately noon; and, if your "number" is not called in time to file even one (1) document, you will be asked to leave the court building, only to start the process the next day the court is open where you have the time to devote another day to the process.  There are also additional changes that have negatively effected parties and their attorneys alike in the Sacramento family court system, such as a new "local rule" that requires the filing of a written request at least five (5) COURT days in advance in order to continue a hearing, where a hearing continuance previously only required a phone call two (2) court days prior to the hearing.  This means increased hassle--and potential increased fees and costs--to simply continue a hearing.  So, people are probably asking themselves:  "How can I avoid these nightmares AND still have my family law issue resolved?"  One answer is the anticipated growth in interest in NON-ADVERSARIAL options available to folks facing family law issues, such as Mediation and Collaborative Law Process.  "Non-adversarial" essentially means minimal court involvement.  Therefore, there is an expectation that such avenues will be sought in an effort to avoid the court system.  After all, if parties do not, themselves, have to travel to the courthouse for things such as filings, then one can avoid having to take a vacation day or two from their precious-earned time through their employer, just to file a document.  Additionally, if no hearings are scheduled (since the parties attempt to negotiate their case OUT of court), then there is a potential of also avoiding having to take off future work time to appear at court for an adversarial hearing.  If you or someone you know is facing a family law issue, it would behoove you and/or the person you know to investigate non-adversarial options in order to avoid the serious issues facing the court system in these tough economic times.

There were many updates to case law that affected Californians.  For some highlights, be sure to review our Spring 2011 Newsletter, which is slated to be available for only the 2nd quarter of 2011.

For those of you that have found timing the service of motions a bit confusing, you're not alone.  For example, currently, a motion must be served by mail at least 16 court days and five additional calendar days before the hearing date.  So, do you count these days backwards from the hearing date?  Do you count the days forward from the service date?  Do you count the court or the calendar days first?  There is an anticipated solution effective January 2011:  California Code of Civil Procedure Section 12c. 

This section is expected to indicate that, to calculate the appropriate notice period for a motion, one must count backwards from the hearing date, beginning with the motion timeframe (i.e., the court days), followed by the additional time for the method of service chosen (i.e., the calendar days). 

In short...yes, you can do you own divorce.  However, it is not recommended.  There are many pitfalls in a divorce and, in fact, any family law issue.  If money is a concern, than a Partial Service arrangment with a family law attorney is worth looking into; however, be aware that all attorneys do not offer this arrangement...be sure to ask the attorney you consult with if you are interested in Partial Service to determine whether this is an option at that law office.  Another option where a budget is tight is to simply consult with an attorney on an as-needed basis.  Again, all attorneys do not perform this service.  Oftentimes a single consultation can make all the difference in the world as to whether your divorce action will start off with minimal headache.  For do-it-yourself information, you may want to try visiting either the court's website where venue will likely be or visit the courthouse itself to determine whether there is some available assistance. 

Some of you are reading this because you know you could benefit from the assistance of a family law attorney but you are concerned about breaking the bank.  If this fits your description, then you owe it to yourself to find a family law firm that has flexible options.  For example, "Partial Service," also called "unbundling" and "limited scope representation," is a great way to help reduce attorney's fees since the client shoulders some of the legal responsibility in the case.  "How" that legal responsibility is divided is up to you and the attorney.  Additionally, some attorneys are amiable with simply having consultations with you on an as-needed basis where you typically pay for the time spent with the attorney immediately after the consultation.  Not all family law attorneys offer the aforementioned services; therefore, be sure to inquire, during an interview with your prospective attorney, as to whether he or she offers a particular service that you may be intrested in pursuing.

Ginter Family Law will be providing a free class regarding options people may have regarding family law issues.  We believe that the choice in resolving family law differences is a critical component of your case, one that should be dealt with early on in your case.  You can learn more, and register, for this class quickly and easily by clicking here.

It's official...the Natomas Business Network has been formed!  Mr. Ginter was directly responsible for the formation of this group.  It is a social business group that meets semi-monthly.  The purpose of the group is to provide a fun relaxed atmosphere for people interested in business and the Natomas community to gather, have discussions and to network.  Sometimes there are speakers; sometimes we simply have fun discussions.  Mr. Ginter is honored to currently be the moderator of this group.  If you are interested in learning more about Natomas Business Network, please feel free to contact Ginter Family Law.  If you would like to visit and/or join the group, please click here.

As of February 2010, Mr. Ginter has been elected as an at-large Board of Director with the Natomas Chamber of Commerce.  Mr. Ginter is honored to be able to serve and support the Natomas business community.  His term is due to expire in 2011.  If you are intersted in learning more about the Natomas Chamber of Commerce, please feel free to contact us.

Ginter Family Law has now scheduled classes for January 21, 2010 and March 25, 2010, both of which have free admission.  More information on these classes can be found on the Calendar page of Ginter Family Law.  If you are interested, please use our convenient online register form, also located on the Calendar page.  Please note that space is limited and seats will be assigned on a first come/first serve basis.  We look forward to serving you.

Do you know of a location that could benefit from learning about various aspects of family law?  Maybe it's a church.  Maybe you and others you know are in a similar circumstance.  If so, contact us and let us know where you would like Mr. Ginter to present...we even have a conference room at our own office where we can host a presentation.  Let us know what you'd like to learn about.  Perhaps we can put on a class for free to help steer you or someone you know in the right direction. 

Hello, viewers.

We are excited to announce the release of our Fall 2009 newsletter, which highlights our grand opening!  To download the newsletter for your viewing pleasure, visit our "Downloads" page to retrieve the file. 

Ginter Family Law is proud to open its doors to the public!   Conveniently located North Natomas/Sacramento, we are located only blocks away off the I-5 Arena Boulevard or Del Paso exits.  Feel free to browse our website...we tried making it an educational experience!