IN THE BEST INTERESTS OF THE KIDS…

Recently in Monmouth County, New Jersey, a Judge had to make a decision in a case of first impression regarding custody and terminal illness. In the case (A.W. v. T.W.), the parties had been divorced since 2002. They had three children currently between the ages of 12 and 14. The parties shared joint legal custody, with the mother (T.D.) serving as the primary custodian and caregiver. Read more…

LIVING WILL AND HEALTH CARE PROXY

What is a living will? In simple terms, a living will is a written statement of an individual’s wishes regarding the medical treatment that person wishes to have or not have in the event that person becomes unable to make medical decisions. Such inability to make medical decisions can be as a result of an accident, illness or advanced age. A living will is also known as an advanced directive for health care. Read more…

College Students Privacy Rights

DOES A COLLEGE STUDENT HAVE A RIGHT TO PRIVACY WHEN IT COMES TO HIS/HER GRADES AND RECORDS?

This issue was dealt with in Van Brunt v. Van Brunt, 419 N.J. Super. 327 (Ch. Div. 2010). A case of first impression in the State of New Jersey, the court was asked whether a court order requiring an unemancipated college student to produce proof of college attendance, course credits and grades to his/her parents as a condition for ongoing child support and college contribution violate the student’s right to privacy under the Family Educational Rights and Privacy Act (FERPA) 20 U.S.C.A. §§1232 (g). The court was also asked to determine whose responsibility it was to provide the grades/records to the paying non-custodial parent i.e. the custodial parent or the student. Read more…