Damon Sharad Bivek’s Answers

Damon Sharad Bivek

Marietta Family Law Attorney.

Contributor Level 12
  1. What can be done if the non-custodial parent is threatening to violate the custodial parent's custody rights?

    Answered about 5 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    You would need to file a Petition for Modification of Custody, and request that the Court change the current visitation schedule so as to limit the Non-Custodial Parent's visitation time with the child. You will need to show the Court several compelling reasons for restricting his access to the child, and that such a restriction is in the child's best interests. It sounds like you have a few facts above, that would help your argument. You need to consult a local Atlanta attorney to discuss this...

    1 person marked this answer as helpful

  2. If Custody was changed from sole to joint custody with a modification in child support does that count as a custody change?

    Answered about 5 years ago.

    1. Paula Jeanette Mcgill
    2. Damon Sharad Bivek
    2 lawyer answers

    If you filed for a modification of custody and the custody was changed from sole to joint custody, then you are prevented from filing another modification of custody for 2 years. Your ex-husband, however, if he was the Defendant in the first action, may bring a Modification of Custody Action if he can show that there has been a substantial change in circumstances warranting a modification of custody. The standard that the Court will use is the best interest of the child standard. In your case,...

    1 person marked this answer as helpful

  3. Exwife cosigned for car. All rights were waived in decree. How do I get the car registration changed to my name?

    Answered about 5 years ago.

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

    If you had a good lawyer draft your Settlement Agreement in the divorce, then there should be language in there that requires her to cooperate in executing all documents necsesary to effectuate the terms of the Settlement Agreement. She needs to sign the car title over to you and go down to the DMV with you to transfer the registration into your name. If she does not want to cooperate in doing so, then you can file a Motion for Contempt requesting that the Court compel her to cooperate, if your...

    1 person marked this answer as helpful

  4. When you file a non-contested divorce, how long after it is filed with the courts, does it normally take to finalize?

    Answered about 5 years ago.

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

    If you have a Consent to Try then the soonest you will be able to finalize your divorce is 30 days after the date of filing. It could take longer depending on what county you are in and whether or not there are children as issue of your marriage.

    1 person marked this answer as helpful

  5. I live in GA and my 12 year old daughter has chosen to live with me. What needs to be done legally?

    Answered about 5 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    If your ex-wife currently has primary physical custody under the Settlement Agreement governing the terms of your divorce, then you need to file a Modification of Custody and prepare a Final Consent Order for your Wife to sign, and to submit to the Judge along with your Petition for Modification of Custody, Case Initiation Form, Disclosure Statement, Child Support Worksheet, and Domestic Relations Financial Affidavit. You will also need to submit a Parenting Plan to the Judge governing what the...

    1 person marked this answer as helpful

  6. Paternity test

    Answered over 3 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    You can certainly get a DNA test. All you need is a hair follicle or other suitable sample from your child. You simply send this off to a laboratory, and they will tell you whether or not you are the biological father to a 99.9% degree of certainty. The more interesting question is what do you do if the results come back, and it is proven that you are not the biological father. Now you have a situation where you are the legal father, but not the biological father. You will still be liable...

  7. Where do I file to have the parental rights terminated of the non- custodial parent, if they live in another state.

    Answered over 3 years ago.

    1. Damon Sharad Bivek
    2. Kirk Arthur Laron
    2 lawyer answers

    How long have you lived in Atlanta? If you have resided here for 6 months then you have legally established residency, and you will need to proceed with your Petition for Termination of Parental Rights in the county where you and the child reside. The appropriate Court to file your Petition for Termination of Parental Rights is the Juvenile Court. If you have not lived here for at least 6 months, then you will need to get the father to sign a Consent to Jurisdiction and Waiver of Venue....

  8. I am a single father with a 3 year old daughter. I would like to have full custody of my daughter, what should I do?

    Answered over 3 years ago.

    1. Patrick Lee Jarrett
    2. Damon Sharad Bivek
    2 lawyer answers

    My first question to you is were you and your daughter's mother ever married? If the answer is NO, did you ever have the child legitimated? If so, what are the terms of the Legitimation Order? If not, you will need to file a Petition for Legitimation so that you can establish yourself as the legal father of your daughter, and request primary physical custody of her as well. You will need to file the Petition for Legitimation in the county where the mother resides. In order to seek primary...

  9. Husband ask for divorce 4 months after a big expensive wedding. Can I get him to pay some of the wedding expenses.

    Answered almost 4 years ago.

    1. Paula Jeanette Mcgill
    2. Glen Edward Ashman
    3. Damon Sharad Bivek
    3 lawyer answers

    It is unlikely that a Court would order your husband to pay back wedding expenses in the event of divorce. The Court will likely view the wedding as a gift to your spouse similar to the wedding ring that he gave you. In the event of a divorce, gifts between spouses (wedding reception, jewelry, etc...) are not marital assets subject to equitable division. Each of you will get to keep your gifts. If you do get divorced, perhaps you can use the gifts that he gave to you (wedding ring, jewelry, etc....

  10. I have temporary primary custody of my son. I have remarried and we are moving out of state. What are the laws regarding this

    Answered almost 4 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    The laws state that the secondary physical custodian of your son has the right to modify custody should there be a substantial change in circumstances. Whether or not the change of custody will be granted will be a question for the Court to decide, based on what is in your son's best interests. Georgia Court's have held that an out of state move does constitute a substantial change of circumstances, but that does not mean a change of custody is granted in every circumstance depending on the...