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Damon Sharad Bivek

Damon Bivek’s Answers

170 total


  • If I had lost temporary physical custody and had an emergency hearing for full custody or decision making authority and lost -

    does that mean I just still lost the temporary physical custody? Can you lose full custody in an emergency hearing?

    Damon’s Answer

    I would need to look at the Order that was issued after the emergency hearing to properly answer your question. You can lose primary physical custody of a minor child on a temporary or permanent basis at an emergency hearing, it just depends on the nature of what was filed. If you would like to provide the Order and talk about things further in a private and confidential consultation at no cost to you, please do not hesitate to contact my office so that we can learn some more details about the nature of your case and provide you with some better legal advice.

    Please know that this is a general interest posting and does not create an attorney-client relationship.

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  • How fast can you get an emergency custody hearing?

    Last time I filed it too 2 months - this one can't wait that long? How about an appeal - which would be faster? If my son was admitted to a mental hospital on suicide watch and stayed 4 days is that considered an emergency?

    Damon’s Answer

    What exactly are you trying to file? Are you seeking to modify custody? Who currently has primary custody of the minor child? In what county does the minor child reside?

    It is impossible to tell you with any degree of accuracy how long it takes to get an emergency hearing. You will need to consult with an attorney and provide some more facts about your case, and then have the attorney check with the appropriate Superior Court about the Judge's availability to hear this type of action.

    If you would like to discuss things further in a private and confidential consultation at no cost to you, please do not hesitate to contact my office so that we can learn some more details about your situation and provide you with some better advice.

    Please know that this is a general interest posting and does not create an attorney-client relationship.

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  • In Cherokee County Georgia

    When modifying custody or child support - do you need to go before the same jusdge that originally divorced you?

    Damon’s Answer

    The short answer is No. You need to file the Petition in the county where the Defendant and the minor child resides. Where does the other side currently reside? How long has he or she been residing there? Does the minor child currently reside there as well? How long has the minor child been residing there?

    The proper venue for a Modification of Custody action under the Uniform Child Custody Jurisdiction Enforcement Act is where the minor child resides. The proper venue for a Modification of Child Support Action is where the Defendant resides.

    If you can give me some more information, then I can better advise you on where you should file your Petition and the steps and costs involved in filing such a Petition. If you would like to talk about things further in a private and confidential consultation at no cost to you please do not hesitate to contact my office.

    Please know that this is a general interest posting and does not create an attorney-client relationship.

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  • Does the non custodial parent have any rights if the parent with sole custody is incarcerated?

    The ex spouse has sole custody of two minor children. She has been incarcerated with felony charges, and will most likely have to do time. As it stands her father is trying to get her bonded out and put in a mental health facility. In the mean t...

    Damon’s Answer

    The Father needs to file a Petition for Modification of Custody as soon as possible. He can file this Petition in the county where the ex spouse resides, or where the last Order was entered depending on the circumstances. In order to file such a Petition you must be able to prove that there has been a "substantial change in circumstances" since the entry of the Order granting the ex spouse sole custody. The fact that she has been charged with a felony, and will most likely have to do time will be sufficient for you to file your Modification of Custody action.

    How long have the children been staying with the father? Where does the ex spouse reside, or where did she reside prior to being incarcerated?

    The maternal grandparents will also likely have to be joined as a necessary party as it seems they are the current temporary legal custodians. I strongly suggest that you contact an attorney to discuss things further as soon as possible, as the father will not have any formal legal rights until a Court Order grants him such rights.

    I would be happy to discuss things with you further in a private and confidential consultation at no charge to you, so that you can get a better understanding of the steps and costs involved to file a Petition for Modification of Custody. I can also use that time to get some more information from you, so that I can provide you with better advice.

    Please know that this is a general interest posting and does not create an attorney-client relationship.

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  • Child Support

    If my Husband wants to sign over his parental rights to his daughter by his previous girlfirend will that terminate child support in Georgia ?

    Damon’s Answer

    If the Mother and Father of the child both agree and consent to the termination of parental rights by the Father, then this would terminate the Father's obligation to provide child support. However, I need to know more about the mother of the child, before I can properly advise you. Is she willing to file a Petition to Terminate the Father's parental rights? Is she willing to sign a Consent Order terminating the parental rights? Does she have someone that may want to adopt the child? You will definitely need the Mother's cooperation in making this happen.

    If you would like to discuss things further and provide some more facts please do not hesitate to contact my office, as we offer initial consultations at no charge to you.

    Please know that this is a general interest posting and that this does not create an attorney-client relationship. If you would like specific legal advice you should schedule an appointment with an attorney to discuss things further in a confidential environment.

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  • I need a lawyer asap that will work with me on price/payments. Need to start ASAP

    Married in 96 (she told me she was pregnant with my child) after numberous infidelities on her part and extreme drug abuse. She was even hot when our third child was born and mandated to Drug and Alcohol classes through DFACS (gwinnett). I left ...

    Damon’s Answer

    I am sorry to hear about your situation. Do you know where she currently resides? You will need to file for divorce in the county of her residence. Filing Fees for a divorce are approximately $215.00, and you will also have to pay to get her served with the papers, which will run you about $30 if you choose to serve her via sheriff. A good first step would be to call my office for a free consultation, so that you can learn about the steps and costs involved. You will need to prepare several documents for filing with the Court in order to get your divorce started including a Case Initiation Form, Disclosure Statement, Summons and Complaint for Divorce, Domestic Relations Financial Affidavit and Child Support Worksheet.

    You can certainly request that she be ordered to take a drug screen if you suspect she is using / abusing drugs and alcohol. If you are looking to get primary custody of your children, then you need to provide an attorney with a lot more facts about your relationship with them, and when/how you found out that you were not the biological father. You can learn more about your best options after speaking with an attorney at length in a private and confidential consultation. My law firm offers initial consultations for free.

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  • Divorce decree

    my brother has a divorce and put child support in his decree however his job status has changed and he does not make the same he made a year ago as well as have another child on the way,can he sit down an amend his decree with his ex-wife and lawy...

    Damon’s Answer

    The short answer is yes. He will still need to file a formal Petition for Modification of Child Support, and then submit a consent order to the Court, to make sure everything is properly enforceable. I would strongly recommend that HE hire the attorney, and that his Wife works with him and his attorney in signing the papers to make everything official regarding the new amount for child support.

    He needs to be very careful if his wife's attorney tries to make an agreement without filing anything with the Court, as it will not be enforceable even if it is a contract between the parties. The only safe way to modify child support is to file a Petition for Modification of Child Support in the Superior Court, and then submit a Consent Order that both parties sign with the new child support amount. If her lawyer is just planning on drafting an "amendment" to the divorce decree as you suggest above, and nothing is filed with the Court, then the new child support amount will not be enforceable no matter what the "amendment" says.

    I strongly suggest that you have your brother at least consult with an attorney, so that he can get some more information in a private and confidential setting. Some attorneys, like those at my office, even offer free initial consultations.

    Please know that this is a general interest posting and does not create an attorney-client relationship.

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  • How will the court determine my child support in georgia

    In the yr 2009 I was unemployed for 6 months and made @11,000. In the yr 2010 I was unemployed for 3 months I have a job now making 12 dollars per hr but thru a temp agency with no guarentee of permanent employment could be laid off tomarrow or...

    Damon’s Answer

    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 have an understanding of your budget, and work with you and the mother to reach an agreement on child support that you can meet.

    Please know that this is a general interest posting and does not create an attorney-client relationship.

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

    The child was born in South Carolina and paternity was established at bith. At the age of five months she moved to georgia with her father. The mother decided that she wanted to take her at the age of 18 months to live with her still in Georgia. T...

    Damon’s 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 presumptive father, but he also may not have any formal and enforceable visitation rights. I strongly suggest that you work with an attorney in developing a parenting plan that will enable the father to spend time with his daughter. The specifics of the parenting plan including visitation and child support can be negotiated with the mother and depends upon a number of different circumstances.

    Where does the father currently live? Where does the mother currently live? Are both the mother and father employed? There are a number of specific questions that need to be answered, before an attorney will be able to specifically address your needs. I suggest that you contact an attorney as soon as possible to discuss things further in a private and confidential setting, so that you can get some advice about your best legal options depending on your needs and circumstances.

    Many attorneys, like those at my firm, offer free initial consultations so that you can get a better understanding of the steps and costs involved.

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  • If you no longer live in a state a court order was issued, how do you change venue?

    My husband and I are married. My parents took us to court in VA for visitation. They were granted 3 weeks each summer. They have not gotten the kids for the last 2 years. They missed the deadline for putting in their dates this year so I refused t...

    Damon’s Answer

    I suggest you speak to an attorney about filing a Petition to Domesticate a Foreign Judgment, and then seek a modification of the Order granting the grandparents visitation. You will need to prove to the Court that there has been a material change in circumstances since the initial Order was issued in Virginia. I need more facts about your case to give you proper advice, but it sounds like the grandparents have not been exercising the summer visitation time that was granted to them, and have not been giving you sufficient notice about their intentions as required. I'm sure that this causes problems for your summer plans, and makes things difficult on your children.

    Please feel free to call my office for a free consultation if you would like to speak about things further, so that I can get some more information from you in a private and confidential setting.

    Please know that this is a general interest posting and does not create an attorney-client relationship.

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