Author: bwisotsky@gmail.com

How The Growing Humanitarian Crisis Is Affecting Immigration From Central America

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Immigration from Central America is nothing new but it has reached a level never seen before as a record number of people seek to gain asylum in the United States.

In the fiscal year 2022, over 2 million non-Americans crossed the U.S./Mexico border into the United States seeking asylum. In Florida, one in five residents is an immigrant. What is causing mass immigration from Central America and South America into the United States? Our Casais & Prias immigration attorney breaks it down.

Causes For Immigration

Typically a person or family will leave their home country because conditions are unbearable and they see a brighter future in another country. Over the last two years, more and more people from Central and South America have been making the grueling journey to the United States for a number of reasons.

Natural Disasters

The Central and South American regions are historically prone to natural disasters. Hurricanes, floods, landslides, and drought accounted for 88% of disasters in this region between 2020 – 2022. Without the infrastructure to withstand these storms and rebuild, these disasters can be devastating to residents’ homes, livelihoods, and access to services.

Humanitarian Needs

This term encompasses a variety of issues including poverty, socioeconomic inequality, political turmoil, and violence. Add the COVID-19 pandemic to the already difficult situation, and we are seeing exacerbated needs that are forcing migration from countries with little to no economic and political aid to countries like the U.S. that will take in and support immigrants.

immigration from Central America

Needs By Country

Guatemala

The lingering effects of COVID-19 and the war in Ukraine are having a major impact on the people of Guatemala. Rising fuel, food, and fertilizer prices make it nearly impossible to maintain a standard of living. Violence has a disproportionate impact on women and girls, as female homicide numbers continue to rise. And the need for food assistance is at an all-time high with 4.6 million food-insecure people.

Weather also plays a role in humanitarian needs for this region. Over 6 million people were affected by the 2022 rainy season with 67 deaths and 14,000 people needing shelter. Over 25,000 homes, along with roads, bridges, schools, and healthcare centers were damaged.

Honduras

Flooding has affected twice as many people in 2022 as in 2021 which impacts food production. Growing inflation and food prices make it difficult for lower-income families to provide basic necessities.

Violence also hits this region hard as it is one of the most criminally violent countries in the world. Women, children, adolescents, LGBTQ+ individuals, and those with disabilities are particularly affected. Homicide of women in Honduras is the highest in Latin America and is nearly three times the global rate.

Venezuela

Technically in South America, Venezuela suffers many of the same issues as its Central American neighbors but with the added concern brought on by economic destabilization over the past few years.

Due to the mass immigration from this region, the U.S. and Mexico reached an agreement to allow Venezuelan immigrants to legally enter the U.S. and apply for a work authorization. The goal of this parole program is to allow up to 24,000 Venezuelans to enter the country in a safe and orderly manner via designated ports of entry. It should take some strain off of the southern U.S./Mexico border where large groups of immigrants are crossing daily.

Our Immigration Attorneys Can Help

If you have family members who need help with immigration from Central America, or any other country, our immigration attorneys can offer guidance on the best ways to get them into the U.S. legally. Contact us today to schedule a complimentary consultation.

The 10 Stages Of Contested Divorce In Hialeah And How Our Family Attorney Can Help

Posted on by bwisotsky@gmail.com

If you are facing a contested divorce in Hialeah, you need to know how the process works. Here, our family attorney shares what you should know to navigate this complex legal system.

Read to the bottom to see Family Attorney and founding partner, Nadja A. Prias, explain how a Status Quo Order affects a divorce.

You may think that getting a divorce is simple but it can be quite complex if you and your former spouse cannot agree on terms including division of property, issues involving minor children, and other concerns. Getting the guidance of a family attorney like ours can help you navigate the potentially rough waters of a contested divorce.

What Is A Contested Divorce?

In Florida, a divorce is considered contested when the spouses disagree on dividing assets and debts accrued during the marriage. If minor children are involved, both parents must agree on issues such as time-sharing and parental responsibility.

In a contested divorce, both parties go to trial in front of a judge who will make the decisions regarding the issues in their case. It is best for your case if you hire an experienced divorce attorney to represent you in a contested divorce in Hialeah. Here is how we will go through the process together.

What Is The Process Of A Contested Divorce?

Stage 1 – Filing Divorce Papers – If you are the spouse seeking the divorce, you will file a Petition to the Dissolution of Marriage with the Clerk of Court. If you are the party filing the petition, you are known as the “petitioner.” The spouse being served divorce papers is known as the “recipient” and he or she has 20 days to file a response or an “Answer.” A counter-petition may be filed by the respondent at this time.

Stage 2 – Status Quo Order – Once your divorce case has been filed, there is an administrative order put into place called a Status Quo Order (also called a Standing Pre-Trial Order). This order instructs both parties to maintain the same lifestyle and habits as before the divorce was filed. If you were making certain payments, you need to continue to make those payments. If you were seeing the children on certain days of the week, continue that schedule. Nothing should change until you go to court or a legal agreement with both parties has been reached. Violating this order can result in sanctions including jail time and fines, and it will certainly hurt your case.

Stage 3 – Mandatory Disclosure – In Florida, both parties are required to exchange financial information including signing an affidavit outlining expenses, assets, and debts. The timeline for this phase of the divorce starts at filing and both parties have 45 days to comply.

Stage 4 – Discovery – In this phase, each party’s attorney collects information from the other party. This information can be gathered in the form of written questions, requests for documents, third-party subpoenas for documents, or depositions. Discovery can continue to take place all the way up to your trial date.

Stage 5 – Appraisals – Appraisals are necessary to assess the value of a shared home, other shared property, and in some cases, a business.

Stage 6 – Temporary Hearing – A judge may enter temporary orders on issues regarding parental responsibility, child support, alimony, attorney fees, and use of the marital home. A temporary hearing may take place if either party needs to present evidence to address issues in the temporary order.

Stage 7 – Mediation – Both parties must meet with a third-party mediator to discuss the terms of their divorce case. This is an effort to keep the case from proceeding to trial. If an agreement is made, a mediation agreement is signed, and the mediator files the agreement with the court. The judge enters a Final Judgment of Dissolution of Marriage, after which, the parties are officially divorced.

Stage 8 – Trial Preparation – If no agreement is reached during mediation, the case will proceed to trial. Preparing for a contested divorce in Hialeah is when hiring a divorce attorney pays off. During this phase, your attorney will conduct additional discovery, prepare evidence and witnesses, gather documents, and more. You will meet with your attorney frequently during this preparation.

Stage 9 – Trial – Your case will be heard by a judge and he will make final decisions regarding all issues of your divorce settlement. This is your single chance to present your case and explain why you believe you deserve what you are asking for.

Stage 10 – Appeal – If one or both of the parties want to appeal the judge’s decision, they can present to the Florida District Court of Appeal. Your attorney can help you decide if an appeal is worth it from a cost-benefit perspective. Appeals can be very expensive and lengthy.

contested divorce in Hialeah

Casais & Prias Can Help With Your Contested Divorce In Hialeah

When you find yourself facing a divorce, whether you think it will be amicable or contentious, it is best to hire an experienced family attorney right away. Contact us today to set up a free case evaluation.

What Is Your Co-Parenting Plan For Christmas Break? Advice From Our Coral Gables Family Attorney

Posted on by bwisotsky@gmail.com

The holidays are upon us, and if you need help formulating a co-parenting plan, our Coral Gables family attorney has some tips.

Christmas break is a time of magic and making memories. For families dealing with timesharing, however, deciding who spends time with whom can be stressful. At Casais & Prias, our Coral Gables family attorney helps divorced parents create a plan that will keep everyone happy and celebrating through the new year. Here are our top tips for Christmas break co-parenting.

Revisit Your Co-Parenting Plan

Your parental responsibility agreement should have detailed your timesharing schedule, but it is a good idea to evaluate your schedule every few years to see if you need to make any changes. If you do need to adjust your co-parenting schedule, you should consult with a family attorney.

To create a plan for the longer school break at the end of December, you may need to compromise. If you always have your child on the weekends, and Christmas falls on Sunday, you will not necessarily get your child on Christmas. You and your co-parent need to have a conversation about the best way to split up the long holiday. If you cannot reach an agreement, a Coral Gables family attorney can help.

Consider Extended Family

If your former spouse has extended family coming into town to visit or your parents host a large family get-together, you and your co-parent should try to arrange for the child to see as many family members as possible. You should not make it difficult for the child to participate in all the family activities on both sides of the family.

Establishing bonds and traditions with grandparents, aunts, uncles, and cousins makes the holidays more enjoyable. Making memories is what it is all about, after all.

Coral Gables family attorney

Consider Alternating Holidays

Christmas break is not the only long school break to take into consideration for co-parenting. Most kids get a few days to a week off of school around Thanksgiving too.

One way to arrange a timesharing schedule is to have the child stay with one parent over Thanksgiving and the other parent over Christmas break. If one holiday is more important to one parent and their extended family, this arrangement may work out. And you can revisit this schedule each year.

You could also arrange for the child to spend every Thanksgiving with one parent and every Christmas with the other parent, or alternate years and holidays in a way that works best for your child.

Keep A United Front

Creating a timesharing agreement can be difficult, but once the schedule has been made, each parent must stick to it and make transitions as smooth as possible. Stay positive and encouraging if the child expresses sadness or anxiety about going to the other parent’s home.

Travel can be tough on younger children, so making the trip an adventure can turn an anxious situation into a fun memory. It is all about the child, so you want to do everything you can to make the holiday enjoyable for them.

Know When To Call A Coral Gables Family Attorney

If you have trouble communicating with your co-parent and need an intermediary to act as your representative in negotiating a holiday timesharing schedule, call our family attorneys at Casais & Prias. Our team will work with your situation and will do everything we can to achieve the best possible outcome. Call us today to set up a free consultation. We look forward to helping you have a happy holiday!

New DHS Venezuelan Immigration To Florida Program Explained By Our Immigration Attorney

Posted on by bwisotsky@gmail.com

There is a new path to lawful Venezuelan immigration to Florida under a recent agreement between the U.S. and Mexican governments. Our immigration attorneys explain how it works.

Immigration at the southern border of the United States has been surging for over a year. Many individuals looking to move to the U.S. are from the economically-ravaged country of Venezuela, with an increase of nearly four times the number as last year.

To help those who are fleeing economic hardships and the humanitarian crisis in their home country, and to ease the increase of immigrants at the border, the Biden Administration reached an agreement with the Mexican government.

The Department of Homeland Security will oversee this new parole program that allows qualifying Venezuelans to enter the U.S. legally and have the ability to apply for work authorization.

Lawful vs. Unlawful Entry

If you have relatives looking for lawful Venezuelan immigration to Florida or any other port of entry, they must follow these guidelines:

  • Have someone in the United States who can offer financial and other support
  • Pass rigorous national security and public safety screenings
  • Complete all vaccinations and any other public health requirements

Under this program, anyone from Venezuela who does not meet the requirements below will be returned to Mexico.

  • Have been ordered removed from the U.S. in the last five years
  • Crossed the border between ports of entry without authorization after this announcement
  • Irregular entry into Mexico or Panama after this announcement
  • Have permanent resident status or dual citizenship from a country other than Venezuela
  • Hold refugee status in any country
  • Have not completed vaccination and public health requirements

DHS Involvement

The Department of Homeland Security will oversee this program to ensure that requirements of legal entry are followed. DHS Secretary Alejandro Mayorkas had this to say about the program:

“These actions make clear that there is a lawful and orderly way for Venezuelans to enter the United States, and lawful entry is the only way. Those who attempt to cross the southern border of the United States illegally will be returned to Mexico and will be ineligible for this process in the future. Those who follow the lawful process will have the opportunity to travel safely to the United States and become eligible to work here.”

Venezuelan immigration to Florida

Program Goals And Challenges

The ultimate goal of this program is to allow up to 24,000 Venezuelans to enter the U.S. in a more safe and orderly manner through designated ports of entry. It should take some strain off of the southern border where large groups of immigrants are crossing daily.

One issue facing Venezuelan immigration to Florida is having a sponsor already living in the United States. Immigration from Venezuela is relatively new, therefore there are not as many established Venezuelan areas in the U.S. to support those immigrating now.

However, if you live in Doral, Weston, or another area with a larger Venezuelan population, you may have questions about this program. Our immigration attorneys at Casais & Prias can answer your questions and help your family members navigate this new parole program.

Another challenge is Mexico’s ability to handle the large influx of immigrants who are turned away from the U.S. and sent to Mexico. In the first week of this program, the U.S. deported almost 1,800 Venezuelans to Mexico.

Once in Mexico, the Venezuelan deportees will have limited employment opportunities and can risk being deported farther south where they may be vulnerable to extortion, human trafficking, and other risks, according to Manolo Préstamo, an immigration expert at the Mexican Council on International Affairs.

Casais & Prias Immigration Attorneys Can Help

If you have family looking for information on Venezuelan immigration to Florida, contact our team of immigration attorneys right away. We can help answer your questions so that you can assist your family in gaining lawful entry into the United States.

 

How To Create A Co-Parenting Holiday Schedule In Coral Gables

Posted on by bwisotsky@gmail.com

Holidays should be a time of joy for children without the worry of parents bickering over time-sharing. Let us guide you through the process of crafting a successful, stress-free co-parenting holiday schedule in Coral Gables.

As a child, you likely looked forward to a holiday as a time to spend with your family and get a break from school. But for families dealing with separation or divorce, the holidays can be tougher to navigate. Our family attorneys at Casais & Prias have seen it all and we are here to help you create a co-parenting holiday schedule in Coral Gables that works for both parents and children alike.

Work Together

The best way to make a co-parenting holiday schedule work is to work together. We realize that divorces are not always amicable but if you can be civil with your former spouse, the easier it will be to work out a schedule.

Use A Mediator If Necessary

If you and your former spouse are unable to work together to draft a co-parenting holiday schedule in Coral Gables, consider bringing in a mediator. We can help you locate a professional who can act as a go-between for you and your former spouse.

Define Your Holidays

Not every holiday holds the same level of significance for everyone, so it is best to decide which holidays are most important to which parents. A great example is Mother’s Day and Father’s Day. It makes the most sense to let the child spend Mother’s Day with mom and Father’s Day with dad.

Another example would be if the father has a big family Thanksgiving gathering every year, it might be more important for the child to spend that holiday with him.

Here is a list of holidays to take into consideration:

  • New Year’s Day
  • Martin Luther King Day
  • Lincoln’s Birthday
  • Presidents’ Day
  • Passover
  • Easter
  • Spring Break
  • Ramadan
  • Mother’s Day
  • Memorial Day
  • Summer Break
  • Father’s Day
  • Independence Day
  • Labor Day
  • Columbus Day
  • Diwali
  • Halloween
  • Veterans’ Day
  • Thanksgiving
  • Winter Break
  • Hanukkah
  • Christmas Eve
  • Christmas Day
  • Kwanzaa
  • New Year’s Eve

Also consider other family-centered occasions like birthdays, anniversaries, and others. Some of these holidays are three-day weekends; others are extended periods away from school. You have many options in Florida for your co-parenting holiday schedule in Coral Gables, which we will review below.

50/50 Rule

Florida courts want parents to spend equal time with the child on holiday breaks. Ideally, the child would split all of their time 50/50, but we know that is not always possible with school and work schedules.

Alternate Holidays

If you and your former spouse decide to alternate holidays, your child will spend a holiday with you one year and with their other parent the next year. For example, this year, your child will spend Thanksgiving with you and Christmas with your former spouse. Next year, your child will spend Christmas with you and Thanksgiving with your former spouse.

co-parenting holiday schedule in Coral Gables

Split The Holiday

If a holiday is long enough, like Winter Break, for example, you can choose to split up the time your child spends with each parent. This gets more difficult if the break is short because it is not ideal to spend the majority of the holiday having your child travel between parents.

Have Two Holidays

This option works best for the more important holidays like birthdays or religious holidays. When each parent gets the opportunity to celebrate a holiday with their child, it can give the family time to make lasting memories without having to sacrifice that time every other year.

Assign Holidays To One Parent Or The Other

When a holiday is more significant to one parent, it makes sense to let the child spend that holiday with that parent. The best example of this type of arrangement is for Mother’s Day and Father’s Day. But if Thanksgiving is always more important to one parent than Christmas (and vice versa), you can arrange for the child to spend every Thanksgiving with one parent and every Christmas with the other.

Florida law allows for a great deal of flexibility when it comes to your co-parenting holiday schedule in Coral Gables. When you can work with your former spouse and split up your time as equally as possible, it will be best for your child. And when you need help, we are here. Contact our family attorneys with any questions.

How The Inflation Reduction Act In Florida Will Affect You

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The Biden Administration has recently signed into law a major piece of legislation. You may be asking yourself what impact will be seen by the Inflation Reduction Act in Florida. We have the answers.

Our tax attorneys at Casais & Prias have been fielding calls and emails concerning the Inflation Reduction Act and how it might affect Florida residents. Of the most concern is the potential hiring of new IRS agents and how that could impact future tax returns.

The good news for most Floridians is that your taxes will not be affected by this legislation. Here, we break down the highlights of this bill and what you can expect from the Inflation Reduction Act in Florida.

Corporate Tax Increase

With this bill comes the creation of a 15% corporate minimum tax rate. This affects corporations with at least $1 billion in income. Individuals and households will not see this tax increase.

Reform On Prescription Drug Prices

If you have a Medicare plan, you could see the price of your prescriptions go down. This reduction is due to Medicare being able to negotiate the prices of certain medications. Your out-of-pocket cap will be $2,000 as a Medicare recipient. These changes begin to take place in 2025.

IRS Reform

Here is where the big budget increase for the Internal Revenue Service comes in. For years, the IRS has been sounding the alarm that it is woefully underfunded which makes it difficult for it to do its job.

The Inflation Reduction Act will distribute $80 billion to the IRS over the next ten years. This funding will likely go towards enabling the IRS to better enforce tax laws and is expected to bring in an estimated $203 billion in tax revenue.

inflation reduction act in Florida

ACA Subsidy Extension

The Affordable Care Act signed into law under President Obama in 2010 subsidizes medical insurance premiums for those who meet the income requirements. These subsidies were scheduled to expire at the end of 2022. You will see that with the Inflation Reduction Act in Florida, these subsidies will continue through 2025.

If these subsidies were allowed to expire, an estimated three million Americans could have lost their medical insurance according to the U.S. Department of Health and Human Services.

Energy And Climate Change Initiatives

With the numerous investments in climate protection, the Inflation Reduction Act in Florida will offer tax credits for households that make choices to reduce their energy consumption. Tax credits will also be available to corporations that reduce their carbon emissions.

Inflation Reduction Act In Florida And Your Taxes

If you are a business owner and you earn less than $400,000 a year, your taxes will not be affected. Individuals who fall under this threshold will also not be affected. This legislation is aimed at larger corporations and individuals making over $400,000 so for the average Floridian, you will not see a change in your tax rate.

Inflation Reduction Act And Inflation

Will the Inflation Reduction Act in Florida lower inflation? According to the Congressional Budget Office, this bill will only make a dent in inflation in the short term and could even make it go up.

If you are concerned about inflation affecting your taxes, the IRS can adjust certain tax provisions so that the value of some federal tax credits and deductions are higher. This negates inflation somewhat when it comes to the amount of taxes you will owe.

Still Have Questions? Casais & Prias Can Help

We know that any new legislation can be confusing. You want to know how the Inflation Reduction Act in Florida will affect you and your family. We are here to answer any questions you have. Contact us today.

Before You Evict, You Should Know How Tenant Law in Miami Works

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If you are a landlord and you need to evict a tenant, it is important that you familiarize yourself with tenant law in Miami first. Our eviction attorneys offer advice on how to handle this situation.

Different states handle the landlord-tenant relationship differently, so it is important that if you are a landlord in Miami, you understand tenant law in Miami. The eviction process is not complicated but it does need to be followed to the letter if you want to get a tenant off of your property. Here, our eviction attorneys at Casais & Prias offer some highlights of how the eviction process works in Florida.

What Are Some Reasons For Eviction?

Before providing your tenant with a written notice, consider why you want to evict them. You must have cause to evict under Florida’s guidelines. A landlord has cause to evict a tenant for:

Non-Payment

If your tenant does not pay rent on time, the landlord can give the tenant a three-day notice that they need to pay or vacate the property. If neither action is taken in that time, the landlord can file an eviction suit.

End-Of-Lease

A landlord can evict a tenant after a lease has expired by offering a 60-day notice for a month-to-month tenancy in Miami.

Violation Of Lease Terms

When a tenant violates any of the terms of the lease agreement, it is considered grounds for eviction. Some violations, however, allow for corrective action to be taken in order to avoid eviction. Landlords must provide a seven-day notice to allow the tenant time to correct the violation or be subject to eviction.

What Are Curable Violations?

As mentioned above, some violations come with the opportunity to correct the offense and avoid eviction. These violations include, but are not limited to:

  • Having an unauthorized pet
  • Having an unauthorized vehicle
  • Parking in an unauthorized area
  • Not maintaining a standard level of cleanliness

Tenants have seven days from the date of the notice to rectify the violation. If no corrective action is taken within the seven-day period, the landlord can proceed with the eviction process.

What Are Incurable Violations?

Some violations are more serious and result in no opportunity to correct the offending behavior. These include, but are not limited to:

  • Damage to the property
  • Abuse of the property
  • Illegal activity

What Is The Eviction Process?

Once a landlord has established that they have cause for eviction, the first step is to become familiar with the legal process to evict. Tenant law in Miami is designed to protect tenants from unlawful eviction. But the law also protects landlords which is why knowing your rights will make the process much simpler. If you have any questions along the way, our eviction attorneys can answer them.

Written Notice To The Tenant

This notice may be delivered by the landlord to the tenant in person, via mail, or posted in plain sight on the residence. The length of this notice depends on the rental contract.

  • Year to year: 60 days
  • Quarter to quarter: 30 days
  • Month to month: 15 days
  • Week to week: 7 days

File An Eviction Complaint

If the tenant does nothing to rectify the reason for eviction, the landlord can file an eviction complaint or lawsuit with the appropriate county. Florida makes it simple to file a complaint using its e-filing portal.

Tenant Is Served Summons And Complaint

Once a complaint has been filed with the county court, the Sheriff’s office will serve the tenant with a court summons and a notarized copy of the complaint. The tenant then has five days to contest the complaint in writing.

Eviction Hearing With Judge’s Ruling

The next step in the eviction process is a court hearing. Both the tenant and landlord must appear and bring any documentation they feel supports their case. If the tenant does not appear, the judge will rule in favor of the landlord.

Sheriff Gives The Tenant A Writ of Possession

If the court rules in favor of the landlord, it will issue a writ of possession. This document will be served by the Sheriff’s office to the tenant who then has 24 hours to vacate the property or be forcibly removed.

Sheriff Returns Possession To The Landlord

After the 24-hour period, the Sheriff can place a padlock on the door and if the tenant has not yet vacated the property, they can be forcibly removed.

As you can see, there are many steps in the eviction process and the rights of the landlord and the tenant must be protected. Knowing the ins and outs of tenant law in Miami will help facilitate a smooth eviction process. For questions or assistance with an eviction complaint, contact our team at Casais & Prias. We are here to help.

Tenant Law in Miami

How Do You Handle A Holiday Custody Schedule in Miami? Our Family Attorney’s FAQs

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The holidays are right around the corner and you may have questions about how to set up a holiday custody schedule in Miami. Our family attorneys are here to answer our most frequently asked questions about holiday time-sharing.

Fall is in the air, the kids are back to school, and the holidays will be here before you know it. For separated or divorced parents, it is time to think about who the children will spend time with over the holidays this year. If you have questions about how to handle a holiday custody schedule in Miami, our team of family attorneys at Casais & Prias is here to help.

In Florida, family courts emphasize a child’s best interests in time-sharing agreements. Parental responsibility aims to give both parents equal rights and responsibilities when making decisions regarding the child. In a divorce, a parenting plan should be part of your time-sharing agreement. And a big part of this agreement is a holiday schedule.

Here are the questions our family attorneys are asked most often regarding arranging a holiday custody schedule in Miami.

What Are My Options For A Holiday Schedule?

Alternating Holidays

A common arrangement for holiday time-sharing is to have the child spend a holiday with one parent one year and the other parent the next year. This schedule works best for longer school breaks like winter break which can last as long as two weeks. Letting a child spend the entire break with one parent allows for a more relaxing time with minimal schedule disturbances.

Split The Holiday In Half

For a longer break, it is also possible to share custody by splitting the time in half. If you choose this arrangement, keep in mind that you may not want your child to spend a whole day traveling.

Schedule A Holiday Twice

If you do not mind celebrating a holiday on a different day, you could choose a day to celebrate. For example, one parent can celebrate Christmas with the child on December 20th, and the other can celebrate on the 25th.

Fixed Holiday Schedule

Another way to handle a holiday custody schedule in Miami is to assign certain holidays to certain parents. This works especially well for holidays like Mother’s Day, Father’s Day, and other holidays that are more important to one parent over the other.

How Does Communication Work During A Holiday Visit?

If you have a highly-structured parenting plan, you may need to specify days, times, and duration of communication with the other parent. This will reduce confusion and conflict because everyone involved knows ahead of time how communication will work.

Without a communication plan, a child may miss speaking to the other parent or the other parent may feel neglected if not allowed to speak to the child.

How Does Long-Distance Custody Affect Holidays?

In Florida, a long-distance parenting plan is used if one parent lives more than 50 miles away from the other parent. This plan has a special section for a holiday custody schedule in Miami and it offers a few options.

  • Designate certain holidays for one parent – For example, the child spends Thanksgiving with one parent and Christmas with the other parent each year.
  • Rotating holiday schedule – This plan allows for some flexibility when a holiday like Mother’s Day falls on a weekend that the father is scheduled to have the child.
  • Travel time – You will need to consider travel days and times when making your holiday custody schedule in Miami so that both parents feel they have adequate time with the child.

The holidays are a time spent with family to relax and make memories. When you establish a holiday custody schedule in Miami well in advance, it will take the stress out of the situation and allow everyone involved to enjoy their holiday.

If you have questions about time-sharing in Florida or need advice on any other family law matter, contact our team at Casais & Prias today. We look forward to working with you.

holiday custody schedule in Miami

4 Reasons Timesharing In Miami Is Crucial To Your Parental Responsibility Case

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Under Florida law, children of divorced parents should be cared for and supported by each parent evenly. Here is why timesharing in Miami custody cases are an important part of a parental custody agreement.

Parental responsibility, formerly called child custody, is the way Florida courts determine how a child is raised after a divorce. The Florida legislature determined that parental rights and responsibilities such as who a child lives with and how he or she is financially and emotionally supported should be shared by both parents.

Your parental responsibility plan needs to include how your child will split time between the parents, and your timesharing plan is a vital part of your case. If you need help formulating your plan for timesharing in Miami, our family law team at Casais & Prias can help.

Why Is Timesharing Important?

Emotional Support

Determining how a child’s time will be shared between parents is possibly the most important part of a parental responsibility agreement. Spending time with each parent is typically best for the emotional well-being of the child. Divorce can bring a sense of loss for the child since their home, family, and stability can be uprooted. Knowing that each parent cares for the child makes the transition easier.

Spending time with both parents also strengthens the bond between the child and their extended families and lets them know that they are loved and supported.

Timesharing and Decision-Making

Equal or comparable timesharing between parents can help with decisions made for the child. Parental responsibility means that major decisions are made with agreement from both parents. Some of these decisions include:

  • Education and school choice
  • Religion and faith in upbringing
  • Medical and dental decisions
  • And more

Your parental responsibility plan outlines how you and your former spouse will come to a decision about various aspects of your child’s upbringing. When a child shares time between parents, and there is no conflict over how they will be raised, the situation is more stable and transitions can be smoother.

A Timesharing Agreement Is Required For a Parental Responsibility Agreement

As part of your parental responsibility agreement, you and your former spouse must agree to a timesharing schedule. Several factors can figure into how this schedule is determined:

  • Work schedules of parents
  • Parents’ residences
  • School schedule and location of child
  • School holidays
  • After-school activities
  • Other factors

A Judge Can Make Your Schedule For Timesharing in Miami

If you and your former spouse are unable to agree to a timesharing schedule, the judge for your parental responsibility case can make it for you. If the decision is left to the judge, he will take the following factors under consideration:

  • Any evidence of abuse or neglect
  • Drug or alcohol use
  • Felony convictions
  • And others

Although it is rare, a judge can rule for sole parental responsibility if he determines it is in the best interest of the child. In most cases, however, a judge will make every effort to split time equally between the parents.

When Should You Contact a Family Attorney For Your Timesharing in Miami Case?

If you are entering into a divorce agreement and need assistance setting up a parental responsibility plan, it is a good time to contact our family law team at Casais & Prias. We will work with you to set up the best arrangement for you and your children.

Timesharing in Miami is an essential part of your agreement with your former spouse so it is a good idea to get a family lawyer to assist you. Contact us at Casais & Prias today to schedule an appointment for a free case evaluation. We look forward to working with you to answer your timesharing questions.

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Coral Gables Tax Law FAQs From A Former IRS Agent

Posted on by bwisotsky@gmail.com

Receiving a notice from the IRS can be cause for concern. Get your questions answered about Coral Gables tax law from our tax law specialists.

Every year, we are expected to file an accurate tax return. The process can be confusing, however, and the IRS can find issues with your return that you may have missed. If you receive a notice of any kind from the IRS, you likely have questions.

At Casais & Prias, our managing partner is a former IRS agent who has a unique perspective when it comes to Coral Gables tax law. These are a few of the most frequently asked questions we receive.

Why Am I Being Audited?

There are two ways you can receive a notice of an audit: random selection and related examinations.

Random Selection – Your return may be selected for audit based on computer algorithms that compare your current return with past returns. The IRS’s statistical formula is used to update your information and note when there has been a change that it considers unusual.

Related Examinations – The IRS can compare your tax return to the tax returns of other individuals and businesses listed on your return. If you have a business partner or investor included on your tax return that was selected for an audit, you may also be audited.

If you have been selected for an audit, you will be notified by mail. Keep these letters for your records and to show to your tax attorney.

Will I Owe Money If I Am Being Audited?

You may assume that if you have been selected for an audit, it means that you will owe money. That is not necessarily true. An audit simply means that there was something in your tax return that raised a red flag.

When you have received notice that you are being audited, you should contact a Coral Gables tax law attorney right away. Having a specialist in your corner who has insight into how the IRS operates will help you to navigate the audit process.

What Are The Possible Outcomes Of An IRS Tax Audit?

No Change Result – If the IRS reviews your tax return and determines that it was substantially correct, no changes will need to be made and you will owe no additional money.

Errors Found That Benefit The Taxpayer – If the IRS finds errors in your return that show that you overpaid for the year, you can be issued money back.

Errors Found That Affect Your Taxable Income – If the IRS determines that your taxable income is higher than you reported on your tax return, you could owe additional money.

If you would like to get our Coral Gables tax law team to look at your case, we offer a free case evaluation.

Coral Gables tax law

What Is A Final Notice Of Intent To Levy?

If you receive a Final Notice of Intent to Levy, it means that the IRS is potentially 30 days away from being able to seize your assets to recover the funds you owe. You have 30 days from the date of the notice to resolve your case or request a hearing.

At this point in your case, if you have not hired a Coral Gables tax law attorney, you likely need to. Our tax law team at Casais & Prias can look at your case and we will do everything in our power to resolve your case quickly.

When Do I Need To Hire A Tax Attorney?

To be on the safe side, you should contact a tax attorney after receiving any type of communication from the IRS about an audit. Our founding partner, Rolando Casias, Jr. and our team can guide you through the process of working with the IRS to resolve your case.

Contact the Coral Gables tax law team at Casais & Prias today to set up a free case evaluation.

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