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Damon Sharad Bivek's Answers
Contributor Level 12
- 170 Legal Answers
- 2 Legal Guides
2
Attorney answers:
Divorce and Child cutody
Does your Wife ever come to Georgia to visit with the children? If so, you need to have her served with divorce papers when she is here in Georgia to avoid problems with Jurisdiction. Once she is served with the papers, then the Court in the county of your residence (and the children's residence) will retain jurisdiction over her throughout the divorce proceedings. How long ago did the mother move to North Carolina? If it has been less than 6 months, then she has not had sufficient time to...
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Attorney answers:
Can I get a modification of joint legal custody to sole physical and legal custody at this point?
You can certainly file for a Modification of Custody, and seek sole custody of your minor child, but that is not your best option. A better course of action for you would be to file a termination of parental rights, so that the father has no legal rights whatsoever to the child. This action needs to be filed in the Juvenile Court of the county of your child's current residence. Now keep in mind, if the termination is granted the father would have no further obligation to provide any future...
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Attorney answers:
How can one sue for non compliance of divorce decree if the 1st broke it years ago
If your Ex-Wife is filing for Contempt, and alleging in her Petition that you failed to live up to some of your obligations under the divorce decree, and she has herself failed to comply with some provisions of the divorce decree, then you may be able to successfully assert an "unclean hands" defense. When a Judge considers whether or not to find someone in Contempt, he/she looks at the conduct of both of the parties, and whether or not your actions are willful. You need to provide some more...
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Attorney answers:
Where does the father in GA have to go to legitimize a child if the pregnant mom moved out of state?
If the mother of the child and the child have both been residing in Tennessee for 9 years, then the appropriate jurisdiction to file a Petition for Legitimation would be in the Superior Court of the County where the child and mother reside. I suggest that your boyfriend contact an attorney that practices in the county where the mother and child reside to file the appropriate paperwork. Please know that this is a general interest posting and does not create an attorney-client relationship.
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3
Attorney answers:
How can I find out how much money my ex husband makes per years? how can I get his taxes files to request child support?
In order to get the information you seek, you will need to file a Petition for Modification of Child Support and serve your ex-Husband with a Request for Production of Documents. He will be required to respond to your formal Discovery request within 30 or 45 days depending on when / how you serve him with the documents. You will likely need to hire an attorney to help you with the Discovery process as it can be complicated and difficult to enforce if done incorrectly. I strongly suggest you...
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3
Attorney answers:
What to do when the parents have joint legal custody father has primary physical
I would strongly suggest you file a Petition for Modification of Custody as soon as possible. You can also request that the Court appoint a Guardian Ad Litem to look after the best interests of the child. In order to be successful in your Petition, you will need to show the Court that there has been a substantial change in circumstances since the last order granting the father primary physical custody. This situation is too important to ignore, and you need to contact an attorney as soon as...
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3
Attorney answers:
How will the court determine my child support in georgia
I suggest that you prepare a Child Support Worksheet and a Domestic Relations Financial Affidavit to take to your mediation. You will need to list your present income in both documents, as the amount of child support that you will have to pay will depend upon your present income and the mother's present income, as well as your childrens' expenses. On your Domestic Relations Financial Affidavit, you will need to list all of your current living expenses and debts, so that your mediator can...
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Attorney answers:
Do you have to legitimate a child in Georgia if she was not born in Georgia?
I'm taking it that the mother and father are now separated. It sounds like the father signed the birth certificate, which does make him the presumptive father. However, it also sounds like there is no formal agreement between the mother and father regarding custody and child support. If the father is interested in obtaining formal rights to his daughter, then I would suggest that he file a formal Petition for Legitimation, Custody and Child Support. Without a formal order, he may be the...
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Attorney answers:
My fiancé son's mother got married and moved witout telln him!what should he do to start a custody hearing and find his son?
When exactly did the mother move out of state? If it has been less than 6 months, then she has not officially had a chance to establish residency in another state, and you can proceed with a civil action here in Georgia. If it has been more than 6 months, then you will have to proceed with an action in the county of her current residence which is out of state. Was the child born in wedlock or out of wedlock? If the child was born out of wedlock, did your fiance ever legitimate the child,...
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1
Attorney answers:
Child visitation in Atlanta, Georgia.
If the non-custodial parent has not had contact with the child and has not paid child support for a significant period of time, then you can proceed with a Petition to Terminate the Parental Rights of the father in the Juvenile Court in the County in which the child resides. I need some more information about the non-custodial parent and his current rights. Were the two of you married? Was the child ever legitimated? What are the Dad's current rights of visitation? Does he pay child support?...
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