Attorneys
Ruth Lynn Estep
Ruth was referred to Connolly by an attorney who thought she would be just what the firm needed to round out the staff. Ruth has been an attorney for 21 years. Most of this time she and her husband (also an attorney) practiced civil litigation and raised three children, until the couple divorced. Managing this life transition with three teenage children taught Ruth exactly how "emotionally wrenching divorce can be" she said.
Ruth joined a firm specializing in family law and discovered how much she enjoyed the field. "Fueled by my own experience, I found it invigorating and motivating to work with people to find creative alternatives for dividing property without destroying what had been worked for, and to problem-solve with regard to child custody and visitation issues".
Now that she's joined Oyler & Woldman, Ruth considers her empathy for her divorce clients as one of her greatest assets. "Until it's happened to you, you don't know what its like on the other side of the attorney's desk", she said.
Refreshingly "Pro Child"
What a great honor it has been for me to have been appointed recently by various bench officers, who have come to know me from my cases in their courtrooms, to represent minors in particularly contentious custody cases! For me to be an advocate solely for a child as opposed to either "Mom" or "Dad" is unbelievably refreshing and rewarding. It is not unknown in family law circles that a particular judge is thought to be "pro-mom" or a particular custody evaluator is thought to be "pro-dad." Minor's counsel is refreshingly "pro-child!"
California Family Code Section 3150 authorizes the court to appoint private counsel to represent a child in a custody proceeding if the court determines that it is in the best interests of the child to do so. This is a "life-time" appointment, it continues until the court affirmatively issues an order relieving private counsel from the appointment either on its own motion or on motion of the appointed counsel.
Minor's counsel is an invaluable tool for the court to use in its constant struggle with two parents who are vigorously litigating against each other. Minor's counsel can spend the time that a bench officer, with 50 or more cases on its calendar each day, cannot spend to investigate the contentions raised by the parents to what is in the best interests of their children. Typically a bench officer is faced with a swearing contest between Mom and Dad, and accusations flying back and forth about each other i.e., "she drinks wine every night instead of reading with the kids" or "When he's not on the Internet having cybersex he's working late at his office and doesn't care a bit about the kids." What is a court to do? Show up at the family residence late one night with a bailiff to see who's telling the truth?
Family Code Section 3151 defines the role of Minor's counsel as a gatherer of facts that bear on the best interests of the child and present those facts to the court. Section 3151 confers upon Minor's counsel the authority to interview the child, to review court files and to review all records pertaining to the child and essentially to conduct any further investigation deemed to be appropriate so as to enable counsel to ascertain all of the facts relevant to the pending custody proceedings.
In my own role as Minor's counsel, I typically first review the entire court file so as to understand the history of the parties' marriage and the custody orders in place in both the past and the present. I then read each of the parties' pleadings pertaining to custody and move on to interview each parent, and the child or children. At this point I generally get a feel for what people outside of the family are necessary to interview, such as grandparents, aunts and uncles, teachers, pediatricians, therapists, neighbors, childcare providers, and just about any-one who is a part of the child's life. Equipped with the information provided through extensive interviews, it becomes possible to advocate for the child.
Although the parents always say that they want what's best for the child, it has become increasingly evident to me that in every case at least one of the parties really wants what is best for him or her.
Looking back at my own divorce, I recognize that what I truly thought was in my children's best interest really was what I wanted. Divorce is such an agonizing experience that judgment is impaired and clouded by the daily and unrelenting trauma of being involved in litigation against your formerly beloved spouse of many years. Each party's lawyer is that party's advocate. It is unreasonable to expect that the party's lawyer will be able to be an unbiased advocate for the child at the same time.
At the conclusion of investigations and interviews, Minor's counsel may make recommendations as to what the custody orders should be. A good bench officer will not "rubber-stamp" recommendations of Minor's counsel, rather, a good bench officer will only adopt recommendations that Minor's counsel has fully supported by a detailed statement of facts gathered from having thoroughly investigated all critical witnesses.
My experience as Minor's counsel has been a tremendous asset to me in representing either "Mom" or "Dad" in my own private cases. I am far better attuned to the best interests of the children and this directly benefits my clients, and in turn, the entire family.
