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Damon Sharad Bivek
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Damon Bivek’s Answers

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  • 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?

    He needs to find his son and know why the mother didn't tell him she was moving out of town and when and where, also without a contact number? He hasn't seen him since two weeks before Christmas and talked to him since he had surgery in January! H...

    Damon’s Answer

    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, and obtain formal visitation rights through a court proceeding? If not, then your fiance needs to file a Petition for Legitimation, Custody and Child Support, so that he can get formal rights to his son, and establish a parenting plan where he will get visitation time. I strongly suggest that you or your fiance contact an attorney as soon as possible and provide some answers to these questions.

    Some attorneys, like those at my office, even offer free initial consultations, so that you can get an idea of what your best options are, and the costs involved.

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  • If i cheated on my husband can he collect alimony from me?

    i cheated on my spouse but he has no proof, videos pictures, etc only word of mouth can he collect alimony from me?

    Damon’s Answer

    The law in Georgia states that if you are SEEKING to get alimony and you have committed adultery, you are barred from getting any alimony. Whether or not you have to pay alimony, has nothing to do with whether or not you have committed adultery. It has more to do with how much money you make, how much money your spouse makes, the length of the marriage, the standard of living the two of you enjoyed during the course of the marriage, and several other statutory factors. Mainly, it has to do with your ability to pay and his needs. If he is educated and capable of supporting himself, then he may not be in a position to get alimony regardless of your conduct.

    I suggest that you speak with an attorney and provide some more facts in a private and confidential consultation, so that you can get some more specific legal advice. Many attorneys, like those in my office, will offer free initial consultations so that you can get some more information.

    Please know that this is a general interest posting and does not create an attorney-client relationship. If you want specific legal advice, I suggest that you schedule a free private and confidential consultation.

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  • My ex wife has custody of my 12 yr old son who says he wants to live with me. how do I set up a mediation so i can talk to him

    my son lives in Georgia but when his mother isn't around, he tells me he wants to move to california with me. she makes him feel bad for wanting to move. he doesn't discuss it around her

    Damon’s Answer

    If your 12 year old son wants to live with you, and you think it's in the child's best interest that he live with you, then you need to file a Petition for Modification of Custody with the Superior Court in the county in which the child currently resides. You will have to show the Court that there has been a material change in circumstances warranting a modification of custody.

    Once you file the Modification of Custody action, you will be able to request that the Court appoint a Guardian Ad Litem, so that your 12 year old son can voice his desires to the Guardian in private. The Guardian will consider this and other relevant facts in making a recommendation to the Court about where the child should live.

    I strongly suggest that you speak to an attorney about the costs and steps involved to begin the process. Some attorneys, like those in my office, even offer free initial consultations, so that you can learn more about your options.

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

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  • Can child support be modified after legal obligation has expired and he still owes back support?

    My ex was ordered to pay $525.00/mo child support and to provide insurance for our daughter until age 18 or graduation from high school. She turned 18 in March and graduated HS 05/28/10 so his legal obligation is expired, but he still owes $5900.0...

    Damon’s Answer

    The short answer to your question is yes you can file a Petition for Contempt and seek to collect the past owed $5,900. Your ex will not be able to modify back owed child support. However, in order for you to collect the child support and enforce the amount he was supposed to pay, you will need to file a Petition for Contempt.

    If you would like to discuss the steps and cost involved, I suggest that you speak with an attorney in a private and confidential consultation. Some attorneys, like those at my office, offer the initial consultation free of charge.

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

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  • Pending Divorce - 30 Day Status Conference?

    I filed my uncontested divorce myself. My spouse and I have no assets, property or children. Is there anyway we can bypass having to attend the 30 day status conference? I filed my divorce in Fulton County, Georgia. Please assist.

    Damon’s Answer

    The short answer is yes. However, I suggest that you have all of the appropriate paperwork ready, so that you can finalize your entire divorce at the 30 day status conference. If you have no assets, property or children, you will need to prepare a Final Judgment and Decree of Divorce for the Court to sign, as well as a Report of Divorce to file with the Clerk. You will need to put some evidence on the record confirming that the Court has appropriate jurisdiction. If you have already filed the case and gotten a date for the 30 day status conference, an attorney will be able to help you clean all of the paperwork up and finalize your divorce at the 30 day status conference.

    If you absolutely do not want to attend, then you can submit a Motion for Judgment on the Pleadings along with a Final Judgment and Decree of Divorce and file a Joint Compliance Certificate stating that you would like to have the 30 day status conference removed. The paperwork gets complicated, and I suggest that you at least speak to an attorney about the steps involved. Some attorneys, like those at my office, offer free initial consultations so that you can get some more information 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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  • Change of name how much i am a adult male and dont like my full name

    i was given 3 bad names first middle and last how to do all and just change it 2 names firts and last name thank you

    Damon’s Answer

    You will need to file a formal Petition with the Superior Court to change your name. In order to make sure it is done correctly, I strongly urge that you contact an attorney to discuss the steps involved. Some attorneys, like those at my office, even offer a free initial consultation, so that you can get a better idea of the steps and costs involved.

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

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  • After mother replied to legitimization with a yes-what do I file now to get it signed and a custody/visitation order in place?

    Mother is keeping son from his normal status quo-he spent his time between us and now I see him maybe a total of 6 times a month-she is being rediculous.

    Damon’s Answer

    I suggest that you and the mother go to mediation, so that you can formalize a parenting plan. If you can afford an attorney, the attorney will be able to negotiate and formalize a parenting plan on your behalf that governs all matters concerning custody, visitation, holidays, pick-up / drop-off times, etc...

    I strongly suggest you at least speak to an attorney about your options. Some attorneys, like those at my office, even offer free consultations, so that you can get some more information.

    Please know that this is a general interest posting and does not create an attorney-client relationship. If you want specific legal advice about your question, I suggest that you schedule a private confidential consultation, so that you may discuss things further.

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  • Can the Division of Child Support Services , Albany GA automatically put my child support in Enforcement when they made a error?

    My ex wife went into her local child support office in Columbus, GA and requested a case closure because my 2 sons have been living with me for the past 2 years.In Dec. 2009 I received an affidavit stating that my support changed from one amount t...

    Damon’s Answer

    If the mother and you are both in agreement that because your 2 sons have been living with you for the past 2 years she does not want to collect any child support from you, then you should seek a formal modification of the child support arrearages in Court. You should also seek a formal modification of custody, if you havn't already done so to prevent any issues coming up in the future. You can file both Petitions in the Superior Court to modify the child support obligation, and the custody arrangement.

    To help reduce costs, if the mother is in agreement you can submit a Consent Order for the Judge that both you and the mother can sign. Once you have a formal order, you can submit this to your employer and stop the income from being deducted from your check. I urge you to contact an attorney to discuss the specific steps and costs involved. My office offers free consultations should you wish to discuss things further.

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

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  • Can a father demand 1/2 distance driving when he has moved and not in papers

    Father moved across state. Divorce papers states he will travel to get children. Now he is demanding mother drive halfway.

    Damon’s Answer

    If the father has moved across the state and his visitation related travel expenses have increased, then you have sufficient grounds to either seek a modification of your divorce decree or a modification of child support. Rather than demanding that the mother drive halfway, the better course of action would be to seek a modification of child support based on the father's increased costs for visitation related travel expenses.

    If the mother still wants to receive the same amount of child support, then perhaps you could negotiate a formal modification to the divorce decree, where she will agree to meet you halfway. However, until you seek a formal modification of the order in Court, you will have to abide by the terms of the divorce decree as written.

    I suggest you speak with an attorney to discuss the best options for you, and the costs and steps involved. Please do not hesitate to contact my firm for a free consultation, should you be interested in speaking about things further.

    Please know that this is a general interest posting and that this does not create an attorney-client relationship. If you want specific legal advice about your situation, you should schedule a private and confidential consultation.

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  • Can a custodial parent keep the other parent from seeing the child?

    The child is 11 and is not happy living in the custodial parents home. The custodial parent got married without talking to the child. With the union came another child that has behavior problems, which are reflected at the child in question. When ...

    Damon’s Answer

    I suggest that you request a Rule Nisi as soon as possible, so that you can get the Court to award you some temporary visitation while you figure out things on a permanent basis. Have you petitioned the Court to Appoint a Guardian Ad Litem. A Guardian can be appointed by the Court to help protect the best interests of your child.

    What are your current rights to the child? I strongly suggest you speak to an attorney in a private and confidential consultation, so that you can provide some more facts about your case and get some advice about your options.

    Some attorneys, like those at my law practice, offer free initial consultations, so you can get a better idea of what options are available to you.

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

    See question