Damon Sharad Bivek’s Answers

Damon Sharad Bivek

Marietta Family Law Attorney.

Contributor Level 12
  1. If a parent with sole custody is incarcerated, what does the non custodial parent need to do in order to get custodial rights?

    Answered about 4 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    I think I may have answered your question in another post. The short answer is the father needs to file a Petition for Modification of Custody in the Superior Court of the Mother's residence, and get the Mother served with the papers as soon as possible. You will need to show the Court that there has been a substantial change in circumstances since the entry of the Order granting the Mother custody of the children. The Court will also likely appoint a Guardian Ad Litem to look after the...

    1 person marked this answer as helpful

  2. How will the court determine my child support in georgia

    Answered about 4 years ago.

    1. Damon Sharad Bivek
    2. Ikemesit Amajak Eyo
    3. Christopher T. Anderson
    3 lawyer answers

    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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  3. Do you have to legitimate a child in Georgia if she was not born in Georgia?

    Answered about 4 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    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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  4. 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?

    Answered about 4 years ago.

    1. Damon Sharad Bivek
    2. Christopher T. Anderson
    2 lawyer answers

    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,...

    1 person marked this answer as helpful

  5. Child visitation in Atlanta, Georgia.

    Answered over 4 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    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?...

    1 person marked this answer as helpful

  6. What is the likely outcome of this custody issue?

    Answered over 4 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    It is impossible to predict what will happen in Court without learning more about the mother and the father of this child. Typically, for a child so young, and given the circumstances you mention above, the mother would have a very strong case for retaining primary physical custody. However, if you proceed to Court unrepresented you will not be as prepared as you would should you retain counsel. My law firm offers free consultations and flexible payment plans to help with your difficult...

    1 person marked this answer as helpful

  7. My husband told me to leave

    Answered over 4 years ago.

    1. Damon Sharad Bivek
    2. Glen Edward Ashman
    2 lawyer answers

    If your marriage is irretrievably broken and there is no hope of reconciliation, I suggest you speak with an attorney about filing for divorce. Once you file, the Court will issue a Standing Order that will offer you protection. You can also request a temporary hearing where you can seek financial support from your Husband, while the two of you go through the divorce process. The temporary living situation can also be addressed at that time. I suggest you speak to an attorney immediately....

    1 person marked this answer as helpful

  8. Can I get a court ordered paternity test?

    Answered over 4 years ago.

    1. Damon Sharad Bivek
    2. Shea Evans Roberts
    2 lawyer answers

    Yes, you can certainly request that a genetic test be done. The formal legal action for you would be a Petition for Legitimation, since you believe that you are the father of a child born out of wedlock. Only a mother can file a Petition for Paternity. If your ex-girlfriend agrees to provide DNA from the child, then the test can take up to 14 days to get back depending on the testing lab that you use. You can expect to pay approximately $80 - $150 for the test to be done. If the test results...

    1 person marked this answer as helpful

  9. Am I able to and how do I go about getting full physical custody?

    Answered over 4 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    When was the original divorce granted? Where was it granted? How long have you lived in Georgia? You can certainly file a Petition for Modification of Custody and seek to modify your current parenting plan, so that the child does not have to go back and forth so frequently. The more difficult question is where should you file? If you have lived in Georgia for a period of 6 months, then you can seek to domesticate your Divorce Decree here in Georgia and proceed with the Modification of Custody...

    1 person marked this answer as helpful

  10. My wife has asked for a divorce, should I wait until the divorce is final before I start my next business?

    Answered over 4 years ago.

    1. Damon Sharad Bivek
    2. Byron M.G. Sanford
    3. Glen Edward Ashman
    4. David Alexander Browde
    5 lawyer answers

    Assets acquired during the marriage are subject to equitable division. If you start a new business now from scratch, then you don't have a lot to worry about, as the business would have little to no value. The question becomes more complicated if you are investing any marital assets into this business. If you are planning on investing monies into the business that could be classified as marital monies, I suggest you hold off on starting the business until after the divorce is final. If you are...

    1 person marked this answer as helpful