How The Law Works Can Be Complicated and Often Unfair

Blog by Scaringi Law Attorney Erin Zimmerer

Sometimes it’s hard to justify to people how the law works. A tough example is a recent case where an adversarial grandfather tried to get visitation rights through the Grandparents Rights Act, to see his grandchildren. The grandfather had no justifiable standing, yet the Judge made the parents go through months of arduous hearings and unnecessary hardship. At one point, the Judge attempted to order the parents to take a drug test, based solely on the grandfather’s allegations of drug use. There was no real evidence, just the grandfather’s unfounded accusations. So, in court we notified the Judge that our clients would not take the ordered drug test. He threatened to find them in contempt. When we indicated that we would appeal his order, as it clearly was wrong, he then backed down.

By the time I became involved in the case, our clients genuinely feared the system. They were outraged at how they were treated; like they did something wrong. Their children, two of the nicest kids, should never have been subjected to this, or made to defend their parents.

But the family finally hired Scaringi Law, and an attorney who was willing to stand up to the Judge and tell him that he was wrong. I wasn’t afraid of how the judge would treat our clients the next time they were in front of him. The atmosphere of intimidation was over. I became not only their legal representative, but also their advocate and their aggressive-voice within a system that sadly has little mercy for the those who try to represent themselves.

Happily, through strong legal knowledge and fierce litigation, our client won. But it was a bittersweet victory, as it was an experience no family should ever have to endure. While I would love to tell people to trust in the legal system, it just doesn’t always work.