Damon Sharad Bivek’s Answers

Damon Sharad Bivek

Marietta Family Law Attorney.

Contributor Level 12
  1. Can I change the surname of my child's name to her father's surname after a paternity acknowledgement has been filed already?

    Answered over 4 years ago.

    1. Damon Sharad Bivek
    2. Lee William Fitzpatrick
    2 lawyer answers

    You will have to file a formal Petition for Name Change in Court to effectuate this change. You would need to file in the same county that your Paternity Acknowledgement was filed and established. Where was the Order establishing paternity issued? If he is consenting to the change, then it will be relatively straight-forward. I suggest you contact an attorney for a private consultation to discuss the costs of such an action.

    1 person marked this answer as helpful

  2. Have a custody/support order in Va. Neither parent lives in that state Children and myself live in Ga. Father lives in Idaho ..

    Answered over 4 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    You need to file a Petition for Modification of Custody, so that you can modify the visitation schedule to suit your present needs, given that so many things have changed since your initial order was issued. In order to move forward it will be easiest if you have the father's cooperation. You will need to serve him with papers, and get some updated information from him so that you can make sure you are receiving the proper amount of child support. His income has likely changed in the past 11...

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  3. How do i get child support order dropped?

    Answered almost 5 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    If both you and the custodial parent agree, then you can have your parental rights terminated, and you will no longer be responsible for any future child support payments. You will also no longer have any rights to visit with the child at issue, or make any decisions regarding his/her future. Your past child support arrearages, however, will still be due to the custodial parent. There are a number of ways to deal with an outstanding child support award, but you will need the custodial parent's...

    1 person marked this answer as helpful

  4. Unwed mother with a two week and four day old baby. Mother is taking baby to see father. Father is not satisfied with visits?

    Answered almost 5 years ago.

    1. Damon Sharad Bivek
    2. Lee William Fitzpatrick
    3. Donalda Jean Gillies
    3 lawyer answers

    The father of the child born out of wedlock has no legal rights to the child until the child is legitimated. The mother of the child is the sole legal and physical custodian. She is also entitled to child support. I suggest that the mother of the child contact an attorney immediately. Many attorneys even offer free initial consultations. This is a general interest posting. If you want specific legal advice please schedule a consultation with an Attorney.

    1 person marked this answer as helpful

  5. Can a child grandparents fight for custody if the mother is not doing the right thing for the child?

    Answered almost 5 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    The paternal grandparents have significant rights and options. You can file for temporary guardianship of the child immediately, so that he can be properly taken care of while the mother gets her act together. I urge you to speak to an attorney about this issue, and provide some more details about your situation so that you can get the help (and your grandson can get the supervision and guidance) that you both need. Many law firms, like my own, offer free initial consultations.

    1 person marked this answer as helpful

  6. Am I eligible for Alimony

    Answered almost 5 years ago.

    1. Damon Sharad Bivek
    2. Michael Douglas Shafer
    2 lawyer answers

    Alimony in Georgia is based on your need and your husband's ability to pay. There are a number of factors that go into determining whether or not a Judge will award alimony including: 1. length of marriage; 2. education of parties; 3. earning capacity of each party; and 4. lifestyle during course of marriage; While you may not have a compelling argument for Alimony based on your income, you may be able to negotiate an equitable settlement of assets and debts that is strongly in your...

    1 person marked this answer as helpful

  7. Can i get tempory custody of my child

    Answered almost 5 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    I need a little bit more information to be able to properly advise you. Did you and your ex go through a divorce? Was your child born during the marriage? What is the current custodial arrangement for the child? Under the law you are allowed to file a Modification of Custody action if there has been a substantial change in circumstances, since the entry of the last order governing custody. Have you ever filed for a Modification of Custody, after your divorce was granted? The facts you...

    1 person marked this answer as helpful

  8. I married the devil she evil ,hateful ,mean and very disrepectful.

    Answered almost 5 years ago.

    1. Christopher T. Anderson
    2. Paula Jeanette Mcgill
    3. Damon Sharad Bivek
    3 lawyer answers

    The equity in your home that was accumulated during the course of the marriage is subject to equitable division. She will not be able to take your home from you, but she may be entitled to a portion of the equity value in the home. I suggest you schedule a consultation with an attorney to discuss things further. Many in the Atlanta area will offer you a free initial consultation, so you can get an idea of the costs to pursue a divorce.

    1 person marked this answer as helpful

  9. Can I file for an annulment now even though I do not have a copy of my husband's I-94?

    Answered almost 5 years ago.

    1. Damon Sharad Bivek
    2. Christopher T. Anderson
    3. Glen Edward Ashman
    3 lawyer answers

    You can certainly file for an annulment, with or without your Husband's I-94. You may want to discuss the advantages and disadvantages of filing an annulment vs. filing a regular divorce action with a local attorney. There are some attorneys who practice in Fulton County who offer free consultations. Some questions that an attorney would want answered include: How long have the two of you been married? Did the two of you acquire lots of assets or debts together? Do you have any children...

    1 person marked this answer as helpful

  10. Child support dissmissed because Im not the Biological or legal father Please HELP!

    Answered almost 5 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    You need to consult with an attorney immediately. If you are not the biological or legal father of a child, then you should not be paying child support for that child. Dealing with the Department of Family and Children's Services (DFCS) can be a very complicated and difficult matter. Attorneys that have experience in dealing with DFCS can help you navigate your way through the dead ends, and get you the progress and solution that you seek. Many attorneys offer free consultations, and you should...

    1 person marked this answer as helpful