There’s Been a Big Change to Special Needs Trust Law:  Learn About it Here

HNW Elder Law, Special Needs Trusts for Minor Children and Adults

Back in the 1990’s, Congress passed a law that contained major changes to the federal Medicaid laws.  Included in the law was a provision permitting the creation of a special needs trust for disabled individuals under the age of 65.  This type of trust allows disabled individuals to place their assets in a special trust so he/she can preserve Medicaid eligibility.   This type of trust is known as a “d(4)(A) trust, a reference to the section of the law which created it.  It is also referred to as a 1st party Special Needs Trust because the assets place into the trust are owned by the disabled individual. A special needs trust has particular importance to disabled individuals who may receive …

An Equitable Adoption?  You Are Either Legally Adopted or You Are Not.  There is No In-Between. (Part 2)

HNW Additional Practice Areas

By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County, NJ Probate Attorney Part 2 of a 2 Part Series In my previous post, I discussed a case which involves the death of a biological parent in which a child was never formally adopted but raised as if the biological child of a stepparent.  I continue my discussion in this post. When told the news about this birth father, GA Jr. was stunned; although resistant, he eventually commenced a casual relationship with his father that consisted of only occasional telephone calls and even fewer visits.   It is fair to assume (particularly when viewing the facts in the light most favorable to GA Jr.) that a true psychological parental relationship never …

An Equitable Adoption?  You Are Either Legally Adopted or You Are Not.  There is No In-Between. (Part 1)

HNW Additional Practice Areas

By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County, NJ Probate Attorney Part 1 of a 2 Part Series Adoptions are a very serious matter, yet there is no shortage of interesting cases under the law of adoption(s).   One might think that an adoption fits the description of a straightforward proceeding involving adoptive parents, biological parents and the successful exchange of legal rights to parentage.  Sometimes, however, you get a really interesting case like the one that I am about to summarize for you which involves the death of a biological parent in which a child was never formally adopted but raised as if the biological child of a stepparent.   I think that you will find this case very …

Answers to Your Questions about the Federal and New Jersey Medical Leave Act (FMLA)

HNW Business Law, Employment Law

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Employment Law Attorney Certain employers under this law are required to provide the opportunity for an employee to take leave from the company.  Employees who qualify may take family leave of a period of no more than 12 weeks over the span of 24 months.  Family leave is often taken when a worker is pregnant, but can also be taken to take care of a sick child who is in the hospital or has a serious, chronic health condition.  The leave does not have to be paid for by the company, but nonetheless must be given if the employee qualifies.  This article will discuss the applicability of …

NJ High Court Rules That Going to Prison By Itself is Not Reason Enough to Terminate Parental Rights

HNW Additional Practice Areas

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Law Firm Going to prison when his daughter was 6 months old until after her sixth birthday was ruled to be insufficient to terminate a father’s parental rights, the New Jersey Supreme Court ruled. The unanimous court said the state’s child protection agency (DYFS) did not adequately rove that the father’s incarceration for 6 years resulted in irreparable harm to his child’s welfare. Proving once again that judges form an opinion and fit the facts to that opinion, the court found that the father played an “active role in caring for her in the months immediately after her birth and, during his stay in prison, had begun to prepare …

ADOPTION LAW NJ – ACCESSING ADOPTION RECORDS FROM THE STATE OF NJ

HNW Additional Practice Areas

By Fredrick P. Niemann, Esq. a New Jersey Adoption Lawyer By law, the State of New Jersey must make information about the child you are seeking to adopt available to you.   This includes information about the child’s health, date of birth, age, and information about the birth parents.  These records are typically sealed in most other states, but the State of New Jersey is one of three states that provide it to adoptive parents only. Recent changes in New Jersey law have allowed adopted children to access their original birth certificates so that they may know who their biological parents are.  This legislative change has been considered to be controversial amongst many people across the state.  If you are an …

ADOPTION LAW NJ – BRIEF OVERVIEW OF NJ ADOPTION LAWS

HNW Additional Practice Areas

By Fredrick P. Niemann, Esq. a New Jersey Adoption Lawyer Adoption is a legal process that allows for a parent’s rights to raise and care for a child to be given to another parent.  It’s possible that soon after the child is born, consent for the child to be adopted can be finalized.  After conception of the child, the child’s biological parents can find someone to adopt their children.  NJ adoption law is designed to place a child with a loving and responsible family as soon as possible.  However, there may be instances of legal confusion within the adoption system.  An NJ adoption lawyer can help assist you with your case if you are in a position where you are …