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Oct 30th Family Law Section Dinner Meeting
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Special Education Issues Related to Family Law

10/30/2017
When: Monday, October 30, 2017
6:00 PM until 8:30 PM
Where: The Pines Manor
2085 Route 27
Edison, New Jersey  08817
United States
Presenter: See description below
Contact: Jonathan Cowles
732.828.3433, x. 102

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Special Education Issues Related to Family Law
Monday, October 30th @ 6:00 p.m.
The Pines Manor, 2085 Route 27, Edison
RSVP Form

Speakers:


Beth C. Manes, Esq.
Manes & Weinberg - Springfield


Jessica Weinberg, Esq.
Manes & Weinberg - Springfield

The dinner program will focus on the following issues:

1.WHERE DOES CHILD ATTEND SCHOOL?
     a. you can designate a district for attendance in your papers
     b. in the absence of a court order, state law of domicile will govern
          i. where child spends majority of the school year
         ii. when custody is shared, then domicile is determined by where child resided on the last day of school prior to October 16.
        iii. unique circumstances of “dual domicile” for purposes of allocating costs between districts.

2. TRANSPORTATION
     a. IEP can require transportation even where law doesn’t automatically provide
     b. child will not be entitled to 2 bus stops where there is shared custody

3.DECISION MAKING: Court order or settlement agreement governs.

4. CONSENT:
     a. Court order or settlement agreement governs.
     b. If no court order or agreement, then custodial parent has right to consent, even if noncustodial parent objects.

     c. If legal custody is joint, then school can accept consent from either parent.
     d. However, EITHER parent may file for Due Process if they object to IEP or proposed evaluations.


5. ACCESS and PARTICIPATION: Both parents have access to records right to participate in IEP meetings regardless of custody, unless parental rights have been terminated.

6. ADULT CHILDREN:
     a. ADULTS AT AGE 18:
          i. Consent in school
         ii. Able to enter a contract
     b. GUARDIANSHIP
          i. Who should serve?
         ii. If joint, what to do if disagreement?
        iii. Successor guardian

7. SPECIAL NEEDS TRUSTS:
    a. Children may never be emancipated.
    b. Children may need government benefits.
    c. Child support = income to the child.

This program has been approved by the BCLE of the Supreme Court of NJ for 1.0 hours of total CLE credit. Of these, 1.0 qualify as hours of credit towards certification in matrimonial law. (All Approved CLE Courses in NJ are Recognized for CLE Credit in NY.)

The meeting will begin at 6:00 p.m. and dinner will be served at 6:30 p.m.  All Middlesex County Family Part Judges and their law clerks have been invited to attend.

Cost:

  • $25 - Recent Law School Graduates (2014-Present) and Law School Students
  • $50 - MCBA Members and All Others

Click here to RSVP.

For more information and/or to RSVP by telephone call Family Law Section Chair Evelyn Hartmann, Esq. at 732.750.0050.

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Middlesex County Bar Association | 87 Bayard Street | New Brunswick, NJ 08901
Tel: 732.828.3433 | admin@mcbalaw.com | Fax: 732.828.5826