In New Jersey, divorced parents have both physical and legal custody arrangements. Physical custody determines which parent the child lives with the majority of the time. Legal custody refers to the right to make decisions about the child’s upbringing, including matters of health care, education, and religious affiliation. If one parent has sole legal custody, it means that parent makes all the decisions pertaining to those matters. In the case of two fit parents, New Jersey family courts tend to favor arrangements where both parents share joint legal custody, meaning that both have equal input on these issues. It’s in the latter case where problems can arise when parents don’t see eye-to-eye.

Local public school districts in the state are in the process of deciding whether students will return to in-person classes this fall, attend class remotely via computer, or a hybrid of both. The issue has sparked controversy and debate across the state and country, with many families feeling strongly that their children should be in the classroom, and others feeling just as strongly that it’s unsafe to send their kids back to school while the disease is continuing to spread.

The Statewide Situation Is Still in Flux

The state government had reportedly planned to have all 600 of its school districts return to some form of in-person learning in the fall, with no all-remote options; however, schools that can’t meet all of the state’s safety guidelines for reopening in time for the start will be allowed to go all-remote.

Several districts in northern New Jersey including Passaic, Elizabeth, Jersey City and Bayonne have announced they will begin the year with an all-remote schedule. It is believed that most school districts will offer a combination of in-person and remote teaching, but parents who choose to will still be able to keep their children home full time.

Then there are the issues faced by parents who must work and can’t be home with their kids all day. Adequate technology to support at-home school attendance is another challenge for many.

Before a divorce is finalized, parents are required to work out a parenting plan that determines how much time the child will spend with each parent. In New Jersey, children may attend school in districts where they live at least 50 percent of the time. If parents split physical custody 50-50 and live in different school districts, then the child may attend school in either one.

A Respected Bergen County Family Lawyer Can Help

Normally the sole consideration when deciding on a school is the child’s educational needs. But when it comes to Covid-19, there are health implications for not only your child or children, but for you as well. If you and your former spouse clash over whether your child should attend school virtually or in-person, a reputable family law attorney may be able to help you come to a mutually acceptable agreement without the need to get a court involved.

If an agreement can’t be reached, one or the other parent can request a hearing before a family court judge. Many New Jersey court hearings are being conducted virtually now.

The child custody and parenting attorneys at Aretsky Law Group P.C. have abundant experience helping divorced and divorcing parents negotiate parenting plans and work out their differences. Call us today for a free, no-obligation consultation.

As thousands of New Jersey parents and their college-bound children prepare for this exciting new experience, few are thinking about the legal documents that could help them continue to protect their children now that they are legally considered adults and on their own. Even for children who will be living at or close to home, it is a good idea to have these documents in place. Doing so can prevent hardship later on.

List of Vital Legal Documents For Your Child

If your college-aged child wants you to be able to make legal and medical decisions for him or her in times of emergency or to take care of financial and legal matters that arise at home, then he or she will have certain documents in place.

Your child will also have to sign a separate release to enable you to access his or her educational records.

These are the most important documents your child should have before leaving for college:

• Durable Power of Attorney;
• Advanced Directive for Health;
• HIPAA Release; and
• FERPA Release;

New Jersey Durable Power of Attorney

Your child can grant you the power to make legal and financial decisions on his or her behalf through a Durable Power of Attorney.

Scenarios

The following are a few examples of when you would benefit from having this document:

• Your child is ill and unable to take care of banking and other simple transactions.
• Your child is injured and important medical decisions must be made immediately.
• Your child is participating in a semester-abroad program, making it impractical

to do all that is necessary at home.

Transactions

These are the types of transactions you might want to handle for your adult child who is away at school:

• renewal of a car registration or driver’s license;
• renewal of a passport;
• response to a summons for jury duty;
• opening or closing of a bank account;
• transfer of money from one account to another; and
• the payment of bills.

There is a lot of flexibility when drafting a New Jersey Durable Power of Attorney. Your child can grant broad powers or specify exactly which powers should be included.

These are important decisions that should be thoroughly discussed before the document is drafted. You may want to consult a New Jersey family law attorney to ensure that all your concerns are covered.

The New Jersey Durable Power of Attorney must be notarized.

Medical Decisions Are Not Covered!

The Durable Power of Attorney does not cover medical decisions. In order to protect your child in the event of a medical emergency, your child should sign a Proxy Directive giving you the right to make medical decisions in case he or she becomes unable to make them.

The Proxy Directive and the Instructive Directive are described in the following section: Advanced Directive for Health.

Advanced Directive for Health

The Advanced Directive for Health comprises both the Instructive Directive and the Proxy Directive. These documents must be either notarized or signed by two witnesses.

The Instructive Directive

An Instructive Directive allows an adult to state which medical procedures he or she would want to undergo in various situations.

The Proxy Directive

Because the Durable Power of Attorney does not cover medical issues, your child will have to sign a Proxy Directive that authorizes you to make health-care decisions If—and only if—he or she becomes incapacitated. In that case you would be permitted to make medical decisions on your child’s behalf.

HIPAA Release

The Health Insurance Portability and Accountability Act, or HIPAA, was created to protect the privacy of our medical records. When your child turns 18, then he or she has the same rights as any other adult. Health-care providers, insurance companies, and other medical personnel will be prohibited by law from sharing your child’s medical information unless your child has signed a HIPAA Release form stating that they may do so.

Like the New Jersey Durable Power of Attorney, the HIPAA Release form provides flexibility. Your child can stipulate any types of information not to be included; for example, drug or sex matters.

Unlike the Proxy Directive, the HIPAA Release will be in effect even if your child is not incapacitated.

FERPA Release

The Family Educational Rights and Privacy Act (FERPA) was designed to protect the privacy of college students’ educational records. As this is a federal law, all colleges and universities in the United States are covered by it.

Unless your child signs a FERPA Release, you will not be authorized to receive files, documents, grades, or any other information about your child’s records from the institution. Whether or not you are paying the bills will be considered irrelevant!

Can You Protect Your Child?

Hard as it may be to comprehend, your little boy or girl is now considered an adult and, as such, is entitled to the same right to privacy as you! Nevertheless, as a concerned parent, you want to do all you can to protect your child! Having the correct documents in order can give both you and your child the peace of mind of knowing that if help is needed, you can provide it!

If your child will be attending college in a different state, be sure you have the proper documents for both New Jersey and that state! Also, if the school has its own forms, sign them and retain copies for yourself.

Disclaimer: This article is not intended to provide legal advice. If you have a question about these legal documents or other family law issues, contact a qualified New Jersey attorney for advice.

Do you need help with these or any other legal documents? If so, the experienced New Jersey family law attorneys at Aretsky Law Group, P.C., can help. Call us 24/7 at 800-537-4154.

If your child is showing unwarranted fear, disrespect, or hostility, you might suspect that your ex is turning him or her against you. However, that might not be the cause.

Divorce—especially when there is a lot of conflict—causes a lot of stress. It can be especially difficult for children. They know their lives will change, but they are not sure how. Children react to that uncertainty in different ways.

Is Your Spouse Influencing Your Child?

Most experts agree that it is usually best for a child to have a good relationship with both parents. Parents, therefore, are advised not to say negative things about the other.

However, even a well-intentioned parent slips from time to time and makes a negative remark that the child overhears.

That same parent might even knowingly make an occasional disparaging remark in front of the child. Most children can deal with these behaviors.

Real parental alienation occurs when one parent—usually the custodial parent—intentionally turns a child against the other. It can harm the child as well as the targeted parent.

Signs of True Parental Alienation

The goal of parental alienation is to manipulate the child to be on his or her side in all matters. The guilty party wants to destroy the child’s relationship with the other parent. In order to reach this goal, the offender uses several tactics:

• regularly “bad mouths” the other parent;

• exaggerates mistakes made by the other parent;

• blames the other parent for financial and other problems, such as having to move;

• encourages the child to take sides in arguments; and

• exhibits other behaviors intended to damage the child’s relationship with the other

parent.

What to Do If Your Child Refuses to Spend Time with You

Your ex-spouse may be encouraging your child to refuse to spend time with you. On the other hand, your child may just be having difficulty dealing with his or her new situation. In either case, you can try to improve your relationship. Here are some ways you can show your child that you care:

• Maintain contact. Regularly call, email, text, and/or write letters to your child.

• Remember your child’s birthday and other special dates.

• Attend your child’s school and community events.

• Contact your child’s school or other organization. Ask to be notified of events.

• Show up for parenting time even if your child refuses to go with you.

• Do not say negative things about your ex-spouse.

Contact a Knowledgeable Parental Alienation Lawyer

If you think you are a victim of parental alienation, contact an experienced New Jersey divorce attorney. If the best interests of the child are threatened, it is possible that an evaluation can be ordered. If necessary, changes in parenting time or custody may be requested.

Of course, sometimes unfounded charges of parental alienation are made. If you find yourself in this situation, it is vital that you obtain the assistance of a New Jersey parental alienation lawyer to help you challenge false and inaccurate allegations.

Do you have questions about parental alienation, parenting time, or other child custody issues. The experienced New Jersey divorce and family law attorneys at Aretsky Law Group, P.C., can help. Call us 24/7 at 800-537-4154.

Aretsky Law Group, P.C., will help you understand the issues involved. We will guide you through the process to ensure that your divorce agreement or modification meets the needs of you and your children. We will do everything we can to come to an agreement between you and your ex-spouse; however, if an agreement cannot be reached, we will vigorously represent you to protect your rights and to enable you to provide the best education possible for your children.

We are also able to provide assistance in the filling out and filing of the FAFSA, which is necessary if your child is applying for financial assistance.

Private Elementary and Secondary Schools

New Jersey courts may consider child support for private or religious school to cover tuition and other expenses. Several factors, including the following, will be taken into account by the judge:

• the quality of the public schools available;
• the ability of the parents to pay; and
• the educational career of the child.

If you and your ex-spouse cannot agree on whether or not your child would benefit from private elementary or secondary education, these issues will be decided by a family court judge. You will need a skilled attorney, knowledgeable in the laws of New Jersey, to advocate on your behalf.

College Expenses

The best interests of the child will be the main priority of the Court. New Jersey courts consider a college education a necessity. They generally require parents to contribute to their children’s college education if they are financially able to do so. For this reason, it is vital that divorcing couples work out the sharing of college expenses at the time their divorce agreement is being negotiated or in a post-divorce modification if the agreement has already been finalized without these provisions. Our team of knowledgeable divorce lawyers can assist you in all of these matters and help you navigate these difficult issues.

The Divorce Agreement

The issues surrounding college expenses must be spelled out clearly and specifically in your divorce agreement. These are among the questions that must be answered so that the payment of college expenses meet with the educational and financial expectations of you and your child:

1. Who will pay for preparation expenses? These include but are not limited to test preparation books and courses, college visits, and applications.
2. Who will pay for room and board? Who will pay for tuition? Will one party pay for all? If not, how will these costs be divided?
3. Who will pay for textbooks?
4. Who will provide spending money?

Post-Divorce Modification

Some couples—especially those whose children are very young—fail to consider college expenses when they are working out their divorce agreement or property settlement. This can be rectified through the creation of a post-divorce modification.

Financial Aid

If financial aid is necessary, it is also crucial that these conditions are included:

1. Who should have primary custody for the year prior to applying for financial aid?
2. Have both parents agreed to share financial information in a timely manner so that the child can file the FAFSA form and the CSS profile?
3. Is insurance necessary in case something happens to one or both parents?
4. Will the agreement include a cap on expenses or on the length of time the student has to complete the course of study?

FAFSA

FAFSA is an acronym for Free Application for Federal Student Aid. This form is published by the United States Department of Education. Universities and colleges use the FAFSA as a means of making an initial determination for a student’s eligibility for financial aid.

FAFSA does not award financial aid, but it is very important for those who are applying for this aid.

FAFSA bases its findings on the income of whoever was the custodial parent during the 12-month period prior to the application. If the child’s custodial parent is the higher-income parent, it may be beneficial to change the child’s primary residence starting with the middle of the child’s junior year in high school.

CCS

The College Scholarship Service, or CCS, publishes a profile application used by some private institutions to decide whether or not to grant financial aid.

The Court Decides

If a couple’s divorce decree, property settlement, or post-divorce modification does not address the issue of who pays for what regarding college expenses, then the Court will probably order a plenary, or complete, hearing. Named after the 1982 case Newburgh V. Arrigo, this hearing is sometimes called a Newburgh hearing. As a result of that case, the Supreme Court of New Jersey ruled that parents are obliged to provide a college education.

First the Court must ascertain whether or not one or both parents are financially capable of contributing to the college expenses. If it decides that they are, then it must consider each of these twelve factors in order to determine who should pay for what:

1. Whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education;
2. The effect of the background, values and goals of the parent on the reasonableness of the expectation of the child for higher education;
3. The amount of the contribution sought by the child for the cost of higher education;
4. The ability of the parent to pay that cost;
5. The relationship of the requested contribution to the kind of school or course of study sought by the child;
6. The financial resources of both parties;
7. The commitment and aptitude of the child for the requested education;
8. The financial resources of the child, including assets owned individually or held in custodianship or trust;
9. The ability of the child to earn income during the school year or on vacation;
10. The availability of financial aid in the form of college grants and loan;
11. The child’s relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance; and
12. The relationship of the education requested to any prior training and to the overall long-range goals of the child.

If the child is working full time during the school year, then he or she may be expected to contribute as well.

Although there are a few circumstances under which a judge might rule in favor of a parent who does not want to contribute to a child’s college expenses, those situations are rare. New Jersey courts believe that a college education is a basic right and that it is the parents’ responsibility to contribute towards that education. It is best for all involved if these matters are agreed upon in advance.

If you are in need of a divorce agreement, a property settlement, or a post-divorce modification, or if you require representation at a Newburgh hearing, the dedicated family-law attorneys of Aretsky Law Group will work diligently to protect your interests.

Strange as it might seem, once your child turns eighteen, he or she is considered an adult and as an adult is afforded the same rights to privacy as you! That’s fine under most circumstances, but what if your child falls ill or is injured while away at school? Or even if close by but unable to authorize physicians to discuss his or her condition with you?

If your child becomes ill or injured, important medical and financial decisions will have to be made. Unless you and your child have prepared for this possibility, you may not be able to help.

Luckily, there are legal documents that will allow you to make these important decisions for your child should it become necessary:

• HIPAA Authorization Form
• Advanced Directive for Health
• Living Will
• Proxy Directive
• Durable Power of Attorney

HIPAA Authorization

HIPPA stands for the Health Insurance Portability and Accountability Act. This act provides that health care providers and insurance companies cannot disclose information about patients and that violators are subject to fines and even jail time. For that reason, parents of adult children who become ill or incapacitated cannot get information regarding their child’s condition nor can they make decisions regarding treatment unless the HIPAA release has been signed.

The HIPAA release permits physicians to discuss diagnoses and treatment options with the authorized person even if the patient is not incapacitated. It is important to sign this even if you have a Proxy Directive because the Proxy Directive only goes into effect if the patient is incapacitated.

Advanced Directive for Health Care

This directive actually comprises two documents:

• Instructive Directive, commonly known as a living will
• Proxy Directive, commonly known as a power of attorney

These documents must be notarized or signed in front of two adult witness.

Instructive Directive

Called an Instructive Directive in New Jersey but more commonly known as a living will, this document allows a person 18 years of age and older to name the conditions under which he or she would or would not want to receive certain medical procedures.

Proxy Directive

The Proxy Directive is a durable power of attorney for health care. Your adult child can use this document to designate you as his or her health care representative. You would then be authorized to make health care decisions for your child if he or she becomes unable to make them. As stated previously, this differs from the HIPAA release in that the HIPAA release does not require that the patient be incapacitated.

New Jersey General Durable Power of Attorney

By giving you the General Durable Power of Attorney, your child can authorize you to make financial decisions on his or her behalf. This is important to have even if your child remains perfectly healthy.

Here are some examples of the functions that you may be able to carry out with a Durable Power of Attorney:

• Pay bills;
• Open and close accounts;
• Move money from one account to another;
• Sell or otherwise dispose of real or personal property; and
• Make other financial decisions.

The powers granted by this document can be broad based or they can be limited; in other words, your child can decide which powers will and will not be granted. You and your child should discuss this before signing. You might also want to have the advice of an attorney. This form must be notarized.

It is important to note that the Durable Power of Attorney does not authorize the representative to make medical decisions.

Be Prepared

Going away to college is an exciting time. Having these documents in place will give your child the added security of knowing that you will be able to look after his or her best interests