Children

I Want my Kids to Go Back to School but my Ex-spouse Wants to Keep them Home. What Should we Do?

August 23, 2020 | by Aretsky Law Group

Sharing child custody with an ex-spouse can be difficult enough even when there are no major disagreements between you about medical or educational issues. It is rife with compromise even when there is no global pandemic going on. But the Covid-19 pandemic and subsequent school closings have posed unprecedented challenges for parents, especially working parents, and with the new school year about to start, those challenges are coming to a head.

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.

Equitable Distribution vs Community Property in a Divorce

November 29, 2019 | by Aretsky Law Group

Arguably, the equitable division of shared assets is one of the primary concerns that couples consider when proceeding with a divorce. According to New Jersey law, equitable distribution is defined as the “distribution of the property, both real and personal, which was legally and beneficially acquired by them or either of them during the marriage”. Marital assets are typically defined as those which are acquired between the date of marriage and the date on which the complaint for divorce is filed.

Notably, there is a distinction between equitable distribution and community property. In states that practice equitable distribution, assets acquired during marriage belong to both parties regardless of title to said property. During a divorce, this property may be distributed by the courts in a variety of ways.

Factors often include:

Understanding Joint Custody in a Divorce

September 24, 2019 | by Aretsky Law Group

When pursuing a divorce, child custody is one of the primary factors to consider for parents. Historically, women in the United States have traditionally assumed the role of primary caretaker following a divorce. However, this trend has changed, which has opened up a larger dialogue and debate about the pros and cons of joint custody agreements.

What Are Joint Custody Agreements?

Joint custody agreements allow both parents to have equal responsibilities in the child-raising process.

Legal Documents to Protect Your College-Bound Children

September 2, 2017 | by Aretsky Law Group

Important Legal Documents to Protect Your College-Bound Children

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

Your Child Refuses to Spend Time with You. Is Parental Alienation the Cause?

February 6, 2017 | by Aretsky Law Group

After months of bickering, you and your ex-spouse finally reached a divorce agreement. You agreed on property division, child support, spousal support, parenting time, and all the other issues that plagued you for so long. Sadly, now that you are ready to go on with your life, your child refuses to spend time with you. You wonder if parental alienation might be the problem.

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.

College and Other Educational Expenses

July 28, 2016 | by Aretsky Law Group

College expenses New Jersey child-support orders should consider the educational needs of the children. Generally speaking, New Jersey courts hold that it is the parents’ responsibility to provide a post-secondary education for their children. In some cases, the court will also issue an order that one or both parents contribute to private or religious elementary and/or secondary education.

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.

Can You Protect Your Adult Child in an Emergency?

June 15, 2016 | by Aretsky Law Group

Documents Your Adult Child Should Sign Before Leaving for College

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.