Month: April 2025

Establishing Paternity: Your Rights and Responsibilities in Florida

Posted on by bwisotsky@gmail.com

Establishing paternity is a critical legal step that impacts the rights and responsibilities of both parents and the well-being of a child. In Florida, paternity is not automatically assumed unless the parents are married at the time of the child’s birth. If a child is born outside of marriage, legal action may be necessary to determine the identity of the child’s father and to establish his rights and obligations under Florida law, even if the Father is listed in the child’s birth certificate.

Whether you are a mother seeking child support, a father pursuing custody rights, or a man disputing paternity, understanding the legal process is essential. The family law team at Casais & Prias, PLLC helps clients across Miami and throughout Florida navigate this often complex area of the law with clarity and compassion.

Why Establishing Paternity Matters

Legal paternity provides the foundation for many important parental rights and responsibilities. Once paternity is established, the father may pursue timesharing (custody) and decision-making rights, and the child becomes eligible for benefits such as:

  • Child support
  • Health insurance coverage
  • Inheritance rights
  • Access to medical history
  • Social Security and veteran’s benefits (when applicable)

For mothers, establishing paternity allows for legal enforcement of child support, ensuring the child receives financial assistance from both parents.

How Paternity is Established in Florida

There are several ways to establish paternity under Florida law:

Marriage
If the mother and father are legally married when the child is born, the husband is automatically presumed to be the child’s legal father. No additional steps are needed.

Voluntary Acknowledgment
If the parents are unmarried, both can sign a Voluntary Acknowledgment of Paternity form at the hospital or later through the Florida Bureau of Vital Statistics. This form becomes legally binding 60 days after signing unless one party contests it in court.

Administrative Order Based on Genetic Testing
If paternity is uncertain or disputed, the Florida Department of Revenue may issue an administrative order for genetic testing. If the test confirms paternity, the state can establish the father’s legal status without going to court.

Court Order
Either parent may file a petition in circuit court to establish paternity. This is common when one party contests the claim or when the court must also address issues like timesharing, child support, or parental decision-making.

What Are a Father’s Rights Once Paternity is Established?

Establishing paternity opens the door for a father to seek shared parental responsibility and timesharing. Florida law favors active involvement by both parents whenever it is in the best interest of the child. A father may petition the court for a parenting plan that includes regular visitation and joint decision-making authority.

Without legal paternity, an unmarried father has no enforceable rights—regardless of how involved he has been in the child’s life.

What Are the Legal Responsibilities of a Father?

Along with rights come legal responsibilities. Once paternity is confirmed, the father becomes legally obligated to support the child financially. This typically includes:

  • Regular child support payments
  • Contribution to health insurance and medical expenses
  • Potential responsibility for daycare or educational costs

The amount is calculated based on Florida’s child support guidelines, which take into account each parent’s income, the number of overnight stays, and other expenses.

Call Casais & Prias, PLLC for Experienced Guidance

Whether you’re seeking to confirm paternity or protect your rights as a parent, the legal team at Casais & Prias, PLLC in Miami can help. Our family law attorneys understand the emotional and legal stakes involved in paternity cases and will work diligently to protect your child’s best interests and your legal rights.

Don’t leave such an important matter to chance—call (305) 722-8015 today to schedule a confidential consultation.

Paternity in Florida FAQs

How long does it take to establish paternity?
If both parties agree, paternity can be established quickly through a signed acknowledgment. If court proceedings or genetic testing are required, the process may take several months.

Can paternity be established after the child turns 18?
Generally, paternity actions must be initiated before the child turns 18. Exceptions may apply in inheritance or other legal matters.

What if I signed the birth certificate but later discover I’m not the father?
Signing the birth certificate alone does not establish legal paternity. However, if you also signed an acknowledgment of paternity, you may need to go to court to challenge it.

Can a mother refuse to allow paternity testing?
If a court orders testing, refusal can result in legal consequences, including a default judgment.

Is a DNA test always required?
Not if both parents agree and voluntarily acknowledge paternity. However, in contested cases, genetic testing is usually ordered.

What happens after paternity is established?
The court may issue orders regarding child support, a parenting plan, and timesharing. Legal paternity also opens the door to additional rights and obligations.

Can I get visitation rights without establishing paternity?
No. In Florida, legal paternity must be established before a father can petition for custody or visitation.

Getting a Divorce in Miami? Here’s Why Legal Representation Matters

Posted on by bwisotsky@gmail.com

Divorce can be one of the most emotionally and financially challenging experiences in a person’s life. Whether it’s a mutual decision or a contested process, getting a divorce in Miami requires careful navigation of Florida’s legal system. Legal representation is not just helpful—it can be essential in protecting your rights and ensuring a smoother transition into the next chapter of your life.

Understanding Divorce in Florida

Florida is a “no-fault” divorce state, meaning that neither spouse has to prove wrongdoing to file for divorce. The only requirement is that the marriage is “irretrievably broken” or, in some cases, that one party has been mentally incapacitated for at least three years.

Miami, located in Miami-Dade County, follows Florida’s family laws, which govern how issues such as child custody, property division, spousal support, and child support are handled. While some couples may pursue uncontested divorces, many face complex challenges that require professional legal guidance.

Why Legal Representation Matters

Hiring an experienced family law attorney in Miami ensures that your rights are protected throughout the divorce process. Divorce involves many critical legal and financial decisions. Without skilled legal counsel, you may agree to terms that are not in your best interest or fail to account for long-term implications.

Attorneys can help in the following key areas:

Child Custody and Timesharing

One of the most emotionally charged aspects of divorce is determining custody arrangements. Florida uses the term “timesharing” rather than custody, and the law emphasizes the best interests of the child. A parenting plan must be developed that outlines how both parents will share responsibilities and time with the child. Courts prefer arrangements where both parents remain actively involved, but that’s not always feasible or safe.

An attorney can advocate for your parental rights and help develop a plan that reflects your child’s needs and your family’s unique circumstances.

Division of Assets and Debts

Florida follows the principle of “equitable distribution,” which means marital assets and debts are divided fairly, though not necessarily equally. Determining what constitutes marital versus non-marital property can be complex. This includes real estate, retirement accounts, businesses, and debts incurred during the marriage.

A skilled attorney will work to ensure a fair distribution and prevent hidden assets or unfair settlements.

Spousal Support (Alimony)

Spousal support is not guaranteed in every Florida divorce. Courts consider factors such as the length of the marriage, the standard of living during the marriage, and each party’s financial resources and earning capacity. Whether you are seeking or contesting alimony, an attorney can present a strong case to support your position.

Legal Procedure and Paperwork

From filing the petition for dissolution of marriage to finalizing the divorce decree, the process involves detailed legal forms and strict deadlines. An attorney ensures that all documents are properly completed and filed, reducing delays and procedural errors.

Work With a Trusted Miami Divorce Attorney

At Casais & Prias, PLLC, we understand that divorce is more than just a legal process—it’s a life-changing event. Our experienced family law attorneys in Miami offer personalized representation to protect your interests, support your goals, and guide you through each phase of your case with compassion and professionalism.

If you’re considering or going through a divorce in Miami, don’t navigate it alone. Let our team help you protect what matters most.

Call us today at (305) 722-8015 to schedule a consultation.

Miami Divorce FAQs

What’s the difference between contested and uncontested divorce?
An uncontested divorce means both parties agree on major issues such as asset division, timesharing, and support. In a contested divorce, disagreements require mediation or court intervention.

Do I have to live in Florida to file for divorce here?
Yes, at least one spouse must have resided in Florida for a minimum of six months before filing.

How long does a divorce take in Miami?
It depends on the complexity of the case. An uncontested divorce can be finalized in a few weeks, while contested cases may take several months or longer.

Can I get divorced without going to court?
In some uncontested cases, a court appearance may not be required. However, most contested divorces involve at least one court hearing.

What happens to our home during divorce?
The marital home is considered part of the equitable distribution. Options include selling the home, one spouse buying out the other, or continuing joint ownership temporarily.

What if my spouse and I can’t agree on child custody?
The court will step in and determine a timesharing plan that serves the child’s best interests. Legal representation is crucial in these situations.

Will I have to pay child support?
Florida uses a statutory formula based on both parents’ incomes, the number of overnights the child spends with each parent, and other relevant expenses to calculate child support and determine which parent has to pay child support.

Green Cards for Same-Sex Couples: A Step-by-Step Guide

Posted on by bwisotsky@gmail.com

Obtaining a green card through marriage is one of the most common pathways to lawful permanent residency in the United States. For LGBTQ couples, the process offers a vital opportunity to live and build a future together, free from barriers imposed by discriminatory laws abroad.

While U.S. immigration law treats same-sex marriages equally, navigating the green card process can still present unique challenges for LGBTQ couples.

This guide provides a detailed overview of how same-sex couples can successfully apply for a marriage-based green card, highlighting key steps, requirements, and potential obstacles.

Understanding LGBTQ Green Cards

A marriage-based green card allows the foreign spouse of a U.S. citizen or lawful permanent resident (LPR) to live and work in the United States permanently. Since the landmark Windsor decision in 2013 and subsequent federal recognition of same-sex marriages, LGBTQ couples have been entitled to equal treatment under U.S. immigration law. Whether married in the U.S. or abroad, same-sex couples can pursue this pathway as long as their marriage is legally valid where it was performed.

Eligibility Requirements

To apply for a marriage-based green card as a same-sex couple, both partners must meet specific criteria:

  • Valid Marriage: The couple must provide proof of a legally valid marriage, such as a marriage certificate issued by an authorized government entity.
  • Bona Fide Relationship: The couple must demonstrate that their marriage is genuine and not solely for immigration purposes. Evidence such as joint financial accounts, photos, affidavits from friends and family, and shared leases or mortgages can help establish this.
  • Sponsor Requirements: The sponsoring spouse must be either a U.S. citizen or an LPR and meet age and domicile requirements.

Step-by-Step Process for LGBTQ Green Card Applications

Step 1: Get Married

The first step is ensuring your marriage is legally recognized in the jurisdiction where it was performed. If married abroad, confirm that your marriage certificate meets U.S. immigration standards for validity.

Step 2: File Petition for Alien Relative

The U.S.-based spouse must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form serves as the official petition to establish the marital relationship and request immigration benefits for the foreign spouse.

Step 3: Submit Supporting Documentation

Both spouses must provide evidence to prove their relationship is bona fide. This includes:

  • Joint bank account statements
  • Photos documenting shared milestones (e.g., vacations, family events)
  • Utility bills with both names
  • Affidavits from friends or family attesting to the authenticity of the relationship

Step 4: Apply for Adjustment of Status or Consular Processing

If the foreign spouse is already in the U.S., they can file Form I-485 (Application to Adjust Status) alongside Form I-130 to become a permanent resident without leaving the country. If living abroad, consular processing will be required, involving an interview at a U.S. embassy or consulate.

Step 5: Attend Biometrics Appointment

The foreign spouse will attend a biometrics appointment where fingerprints, photos, and other biometric data are collected for background checks.

Step 6: Attend the Green Card Interview

Both spouses will attend an interview with USCIS or consular officials to verify their relationship’s authenticity. Be prepared to answer questions about how you met, your daily life together, and important milestones in your relationship.

Step 7: Receive Approval

If USCIS or consular officials are satisfied with your application and interview responses, the foreign spouse will be granted either conditional permanent residency (if married less than two years) or unconditional permanent residency.

Unique Challenges for Same-Sex Couples

While same-sex marriages are treated equally under U.S. law, LGBTQ couples may face unique obstacles during the green card process:

  • Proving Relationship Legitimacy: In countries hostile to LGBTQ rights, gathering evidence of a bona fide relationship may be difficult due to social stigma or legal restrictions on same-sex relationships.
  • Consular Risks: Foreign spouses from countries where homosexuality is criminalized may face safety risks during consular processing interviews.
  • Conditional Green Cards: Couples married less than two years receive conditional residency requiring additional documentation after two years to remove conditions.

LGBTQ Green Card: Pathway to Freedom

The green card process offers LGBTQ couples an essential pathway to live freely and securely in the United States while enjoying equal rights under federal law. By understanding eligibility requirements, gathering strong evidence of your relationship’s authenticity, and preparing thoroughly for interviews, you can navigate this process successfully. With persistence and support from legal advocates when needed, you can build your future together without barriers.

FAQs About LGBTQ Green Cards

Is my same-sex marriage recognized by USCIS?

Yes! USCIS recognizes all legally valid same-sex marriages performed in jurisdictions 

where such unions are lawful.

What documents do we need to prove our relationship?

Key documents include joint financial accounts, photos together over time, affidavits from friends/family, and shared leases or mortgages.

Can we apply if my spouse lives abroad?

Yes! You’ll use consular processing if your foreign spouse resides outside the U.S.

What happens if we’ve been married less than two years?

Your spouse will receive a conditional green card requiring additional steps after two years to remove conditions.

Do we need legal help?

While not mandatory, working with an immigration attorney can help address complexities unique to LGBTQ couples.

K-1 Visa Guide for Same-Sex Couples: Building a Future Together

Posted on by bwisotsky@gmail.com

For LGBTQ couples, the K-1 fiancé(e) visa offers a pathway to build a life together in the United States. This visa allows a U.S. citizen to sponsor their foreign fiancé(e) to enter the country, provided they marry within 90 days of arrival.

While the process is largely the same for same-sex and heterosexual couples, LGBTQ applicants often face unique challenges, particularly if the foreign partner comes from a country where same-sex relationships are not legally recognized or are criminalized.

This guide explores how LGBTQ couples can successfully navigate the K-1 visa process while addressing potential obstacles.

What Is a K-1 Visa?

The K-1 visa is a nonimmigrant visa that allows the foreign fiancé(e) of a U.S. citizen to enter the United States for the purpose of marriage. Once married, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder).

For LGBTQ couples, this visa offers an essential route to reunite and build a future together, especially when living in countries hostile to LGBTQ rights is no longer an option. Since the landmark Windsor decision in 2013 and Obergefell v. Hodges in 2015, same-sex marriages have been recognized under U.S. federal law, ensuring equal access to immigration benefits like the K-1 visa.

Eligibility Requirements for LGBTQ Fiancé(e) Visas

To qualify for a K-1 visa, LGBTQ couples must meet the same criteria as heterosexual couples:

  • The U.S. citizen must file a Petition for Alien Fiancé with U.S. Citizenship and Immigration Services (USCIS).
  • The couple must prove they have met in person at least once within the past two years (with limited exceptions).
  • Both partners must be legally free to marry and intend to marry within 90 days of the foreign partner’s arrival in the U.S.
  • The relationship must be bona fide, meaning it is genuine and not solely for immigration purposes.

Unique Challenges for LGBTQ Couples

While U.S. immigration law treats same-sex couples equally, LGBTQ applicants may encounter additional hurdles:

Proof of Relationship

In countries where same-sex relationships are not legally recognized or are stigmatized, gathering evidence of a genuine relationship can be difficult. Couples may need to provide alternative documentation such as:

  • Photos together during visits
  • Travel itineraries
  • Communication records (emails, chats, etc.)
  • Affidavits from friends or family attesting to their relationship

Consular Processing Risks

If the foreign partner lives in a country hostile to LGBTQ individuals, attending an interview at their home consulate can be dangerous. To address this, USCIS allows third-country processing on a case-by-case basis. Couples can request that the interview take place at an alternative consulate in a safer country by submitting an urgent request after receiving confirmation of their I-129F petition.

Cultural Barriers

Adjusting to life in the U.S. as an LGBTQ couple may involve navigating new cultural dynamics and finding inclusive spaces where both partners feel safe and supported.

Steps in the K-1 Visa Process

  1. File petition with USCIS: The U.S. citizen begins by filing this petition with USCIS, including evidence of their relationship and eligibility.
  2. Receive Approval Notice: Once approved, USCIS forwards the application to the National Visa Center (NVC), which schedules an interview at the designated consulate.
  3. Prepare for Consular Processing: The foreign fiancé(e) completes Form DS-160 and gathers required documents such as birth certificates, police clearances, medical exams, and proof of relationship.
  4. Attend Visa Interview: The foreign partner attends an interview at their consulate or an alternative location if third-country processing is approved.
  5. Enter the U.S.: Upon receiving the K-1 visa, the foreign fiancé(e) enters the U.S., and the couple must marry within 90 days.
  6. Apply for Adjustment of Status: After marriage, they file Form I-485 to begin the green card application process.

K-1 Visa: Opportunity for LGBTQ Couples

The K-1 visa process offers LGBTQ couples a vital opportunity to build their lives together in safety and love within the United States. While challenges may arise—particularly for those from countries hostile to LGBTQ rights—understanding your options and seeking support from legal advocates can make all the difference in achieving your dream of living together freely.

FAQs About LGBTQ Fiancé(e) Visas

Can same-sex couples apply for K-1 visas?

Yes! Same-sex couples are eligible for K-1 visas under U.S. law.

What if my fiancé(e)’s home country criminalizes LGBTQ relationships?

You can request third-country processing for consular interviews if attending one in their home country poses risks.

How do we prove our relationship is genuine?

Provide photos, travel records, communication logs, and affidavits from people who know you as a couple.

What happens after we get married?

After marriage, your spouse can apply for adjustment of status to obtain permanent residency.

Do we need legal help?

While not required, working with an immigration attorney can help navigate challenges unique to LGBTQ couples.

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