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Dana Dayagi

Dana Dayagi’s Answers

6 total

  • Do I have reason to sue after epidural?

    I had an epidural 6 months ago and my back still hurts. I have back pain everyday now. My fiancé and I remember hearing the nurse questioning the doctor about the large amount he was giving me. After that my blood pressure skyrocketed and I had to...

    Dana’s Answer

    Have you been seen by a different physician in the months following your c-section and did he/she attribute the back pain to the epidural injection? Have you requested a copy of your medical records from the hospital? Medical malpractice cases can be rather difficult to prove, (or subject to more statutory control), than other personal injury cases. If you consented to having an epidural and the hospital records indicate that the doctor was abiding by the standard of care, it is likely that he did not breach a duty owed to you as his patient.

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  • I was married in 11/2013, only to provide insurance to my alleged child's mother. I helped her get an apartment and a vehicle.

    She also was listed under my health insurance. Turns out, she used a fertility kit to get pregnant and planned the whole thing out. I now owe big bills for health insurance and the apartment, totalling over 7,000 dollars. I am currently going t...

    Dana’s Answer

    In a Georgia divorce, absent any fault grounds, the law calls for equitable distribution of property, including assets and liabilities. If these costs were incurred during the course of the marriage, technically your wife should have to pay half/a portion of the liabilities. Keep in mind that factors such as her employment , earning ability and other circumstances may be taken into consideration by the court in determining the exact amount she should be liable for.

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  • Is my divorce void if the date of marriage was incorrect on the petition. My divorce was granted in the state of Washington

    it has been 3 years since our divorce was final and I have since remarried

    Dana’s Answer

    Was an Answer to the Petition filed in which the date of marriage was corrected? I do not think your Final Decree of Divorce would be rendered void. If this is an error that occurred in the initial Petition for Divorce, it would most likely be considered a mistake by the parties. A Final Judgment could be reopened on grounds of a mistake by the parties if the moving can show (1) that a mistake was made; (2) that the mistake was a mistake of fact; (3) that the mistake was material; and (4) that the mistake could not reasonably have been discovered before the decree became final.

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  • Can my child's father get joint custody

    We live together and he has been in his life since birth. Now he wants joint custody

    Dana’s Answer

    Assuming you are not/were not married to your child's father, he would have to file a Legitimation Action to in order to obtain any legal rights to the child. Once the Legitimation Action is granted by the court, custody may be established. This typically happens when the parents of the child are not living together. If you and the child's father are still living together and intend to do so for the foreseeable future, there may not be a reason to put a custody arrangement in place?

    Alternatively, both parents can sign a voluntary Acknowledgment of Paternity form when they to legitimate the child. However, with an Acknowledgment of Paternity, you, as the mother, would retain sole custody until a court orders a different custody or visitation arrangement. If you both decide to legitimate your child through an Acknowledgment of Paternity, your child's father would have to file a separate petition with the court to ask for custody or visitation.

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  • Is there any free organization that would help me to filled my DACA forms?

    In Morrow Georgia or Atlanta ? I know there is. That thing is I don't have money neither my parents to get an Attorney they berely got the money for my Deferred action program I'm 17 between.

    Dana’s Answer

    There are several organizations in/around Atlanta that offer help with filling out DACA forms. You could contact Access to Law, Inc. located at 420 South Peachtree St, Norcross, GA 30071, (770) 685-1499, http://www.accesstolawfoundation.org. Alternatively, try contacting Catholic Charities, 2305 Parklake Dr, NE, Suite 150, Atlanta, GA 30345, (678) 222-3920, http://www.catholiccharitiesatlanta.org.

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  • State of georgia. my grandkids are in foster care. I have a sealed first offender charge. will it show in a dfcs background ck?

    my daughter and 2 sons were staying with me, she was in a car wreck and under the influence and got the boys taken away. she has moved and I want to get the boys. I have a completed 1st offender charge will that make me ineligible?

    Dana’s Answer

    In Georgia, it can be very difficult for a grandparent to obtain custody of his/her grandchildren. The court presumes that parental custody is in the child's best interest, but a grandparent can rebut this presumption with evidence that awarding custody to the grandparent would be in the child's best interests and would best promote the child's welfare and happiness. Depending on your daughter's current situation, she may or may not encourage you obtaining custody of the children.

    With regard to your question about the First Offender Charge, it would depend on the nature of your charge whether or not a court would believe it in the best interest of the children to grant you custodial rights. If such charge is related to a serious sexual or violent offense, it may show up in a background check and the court would have to take that into consideration.

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