Navigating Summer Travel Plans: Tips From Our Kendall Custody Attorney

Summer vacations are a time to take a break from school schedules and spend more time with our families. Our Kendall custody attorney shares some tips on getting through the summer months if you are sharing custody.

If you have been sharing parental responsibility for some time, you know the importance of having a solid timesharing plan. During the school year, schedules are set, and co-parenting calendars can be more straightforward.

But, the summer months can be more of a challenge since school is out and vacations are on the books. To help your summer go smoothly, follow these helpful tips from our Kendall custody attorney.

Timesharing Models

When you and your co-parent separated or divorced, your family court agreement likely established a timesharing arrangement. Standard custody arrangements include the following models:

  • Dual Residency Model – Children live with each parent for roughly the same number of days each month.
  • Primary Residency – Children live with one parent the majority of the time.
  • Percentage Arrangement – Online custody calculators can be used to establish arrangements to meet 50/50, 60/40, 70/30, and 80/20 schedules.

Regardless of the model you and your co-parent choose, an established schedule benefits the children and the entire family.

Summer Timesharing Tips

Timesharing models that work during the school year may not work when school is out. If a vacation is planned, consider this advice from our family attorney.

Plan Ahead

Although summer is right around the corner, you still have time to set up a smooth transition from school days to summer vacations. Before you plan a trip with your child, discuss your plans with your co-parent. Planning early helps ensure that you and your co-parent do not plan trips during the same period.

Be Flexible

Compromise is key to a successful timesharing arrangement. You may not get your ideal schedule, but remembering that the child’s well-being is most important can help quell any disappointments.

Anticipate Passport Needs

Planning ahead is vital if you plan to take your child out of the country. You will need the signature of your co-parent before you apply for the child’s passport. Once your application is submitted, it can take weeks to arrive in the mail.

Taking a child out of the country may also necessitate a more extended conversation with your co-parent since this trip is likely farther away than a usual vacation. Planning early, organizing documentation, and communicating with your co-parent is vital for an international trip.

Over Communicate

We have seen many co-parents argue about not knowing what the other parent had planned or not being told the child was expected to go somewhere or do something. Communication is always important, but it is essential to a successful summer vacation schedule.

As soon as you have a travel plan, let your co-parent know so that you can discuss what their schedule is during that time. Are there any conflicts? Did the co-parent already have plans for that time? Starting the conversation early helps to lessen the stress of planning summer trips for your children.

Let Older Children Participate In The Process

Children’s happiness and well-being are at the center of a timesharing arrangement, so getting input from older children about where they may like to travel and with whom gives them a stake in the situation. Allowing them to participate actively in the travel plans can make planning smoother. Plus, they may have a better time if they help with the decisions.

When You Hit A Snag, Let Our Kendall Custody Attorney Step In

Relationships between co-parents can be complex. Sometimes communication breaks down, and you need a professional advocate. If you need help with your summer vacation schedule, contact our family attorneys at Casais & Prias. We can guide you through setting up a smooth summer plan that will help make memories for the entire family.

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How The New Transit Ban May Impact Political Asylum In Florida

With the end of Title 42, those seeking political asylum in Florida are facing new challenges. Here, we outline the new rules and how the transit ban may affect U.S. immigration.

On May 11, 2023, the pandemic-era immigration policy known as Title 42 expired. Title 42 allowed U.S. officials to turn away those seeking political asylum in Florida or any border state for public health reasons. Now that the Public Health Emergency for COVID-19 has ended, immigration policies have reverted to pre-pandemic standards. What does this mean for immigrants seeking refuge in the United States?

What Is The Transit Ban?

Also called the “three-country rule,” the “transit ban” allows U.S. border officials to turn away non-Mexican immigrants seeking asylum unless they can prove that they applied for and were denied asylum in a country they traveled through to get to the United States. This rule does not apply to unaccompanied minors, and there are exemptions for adult immigrants.

If immigrants cannot prove that they applied for and were denied asylum in a country they passed through en route to the U.S., they can be deported to Mexico or their home country. They are also subject to expedited removal, which bans them from attempting to enter the U.S. for five years. They could face prosecution and jail time if they try to re-enter during this time.

CBP One

One avenue of bypassing the transit ban is scheduling an appointment to appear at a U.S. port of entry. Immigrants can use the Customs and Border Patrol’s CBP One smartphone app to schedule these appointments.

The app was launched in 2020 and only applies to land-border points of entry in Texas, California, and Arizona. It also has its share of technical issues. The Texas Tribune interviewed many immigrants who stated that the app frequently crashes due to the number of users trying to schedule appointments.

Current Avenues To Political Asylum In Florida

With the reinstitution of the pre-pandemic-era transit ban, there are still a few routes to lawful immigration into the U.S. via Florida.

Affirmative Asylum

To apply for affirmative asylum, an immigrant must be physically present in the U.S. and application must occur within one year from arrival. After submitting the proper forms, immigrants can live in the United States while awaiting the evaluation of their cases.

Asylum Merits Interview

When an individual seeking political asylum has been placed in expedited removal, they can request an interview with USCIS. In this Asylum Merits interview, they can express their concerns about what may happen if they are returned to their country. Persecution, torture, and other fears may qualify an individual for a credible fear screening by the USCIS.

If the interview determines that these fears are legitimate, the USCIS will typically perform one of two actions:

  • Keep the asylum application and decide if there is eligibility for protection under the Convention Against Torture (CAT) in a secondary interview.
  • Issue a Notice To Appear appointment with an immigration judge.

Defensive Asylum

Immigrants can request Defensive Asylum if they are in removal proceedings resulting from the following:

  • Determination of ineligibility for asylum after Affirmative Asylum proceedings
  • Being apprehended at a U.S. port of entry without proper documentation or in violation of immigration status
  • After being apprehended by CBP without proper documentation, the individual was placed in the expedited removal process and found to have a credible fear of being sent back to their home country

The process of Defensive Asylum allows individuals to have legal representation when they go before an immigration judge. The judge will decide the individual’s eligibility for asylum. Either party can appeal this decision.

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Immigration Is Complex – Casais & Prias Can Help

Immigration law is changing almost every day. Contact us today if you or a family member needs legal help gaining political asylum in Florida. Our team of skilled and experienced immigration attorneys can guide you through the asylum process.