Damon Sharad Bivek’s Answers

Damon Sharad Bivek

Marietta Family Law Attorney.

Contributor Level 12
  1. Do I have sole custody of my son? I am trying to get a passport.

    Answered over 3 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    From the information that you have provided it sounds like you have primary physical custody of your son, but you do not have sole physical custody. If the father has visitation rights, then he has secondary physical custody of your son. You will likely need him to sign off on the papers to obtain the passport. Please know that this is a general interest posting and does not create an attorney client relationship. If you would like some more specific advice, then I suggest you schedule a...

  2. HELP!!!!!!!!!!!! Can an attorney change custody?

    Answered over 3 years ago.

    1. Damon Sharad Bivek
    2. Douglas John Hassinger
    2 lawyer answers

    I am a bit confused by your question. If you are asking whether or not an attorney can modify custody on a permanent basis to a temporary basis the answer is no. Only a Judge can modify custody, unless you signed a Consent Order indicating that you agreed to a change of custody. If you would like to bring in some paperwork and speak to an attorney about your situation in a free consultation to get some better guidance, then I suggest you call my office to schedule a consultation.

  3. If I am already in a custody case and my ex has physical custody...

    Answered over 3 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    Has there been a Guardian Ad Litem appointed in your case? You can get an emergency modification of custody in the middle of the divorce or modification proceedings on a temporary basis if the circumstances warrant such a change. In most cases, you will need the testimony of a Guardian Ad Litem or other child expert recommending that such a change occur on a temporary basis, before a Judge will grant you the change. Again, it depends on the county and Judge that you have in your case. If you...

  4. Self-Employed Father filing bankruptcy, he is going to determine how much he can pay.

    Answered over 3 years ago.

    1. Damon Sharad Bivek
    2. Dorothy G Bunce
    2 lawyer answers

    The short answer to your question is Yes. Before his child support obligation will decrease, he will need to file a formal Petition for Modification of Child Support with the Court. Whether or not the Court will grant the Petition to Modify his Child Support downward will depend on a number of factors including whether or not he can prove that there has been a substantial chance in circumstances. This substantial change can take place if his income has decreased substantially, your income has...

  5. I want a quick divorce and sole custody of our two boys. My husband is active duty army and currently deployed. What can I do?

    Answered almost 4 years ago.

    1. Damon Sharad Bivek
    1 lawyer answer

    I am very sorry to hear about your situation, but do think that you can get the relief you need. You do not need your Husband's cooperation to file for Divorce. You can go ahead and file the Divorce and have your Husband served, and request that the Court grant you sole physical custody of the children. Where is your husband deployed? If he is deployed internationally, then the Court will likely grant your Husband an automatic stay until he returns. However, you can at least get the divorce...

  6. Is there away to stop payingchild support if my ex wife has not let me see my only 10 year old son for 10 years.

    Answered almost 4 years ago.

    1. Frederick Scott Islieb
    2. Damon Sharad Bivek
    2 lawyer answers

    If the new man in your ex-wife's life is interested in adopting the child, then you can terminate your parental rights to facilitate the adoption which would terminate your child support obligation. However, once the adoption is finalized, you would no longer have any legal rights to the child. This is the only way of terminating your child support obligation, without petitioning the Court for primary physical custody. Given your lack of contact with the child it is unlikely that the Court...

  7. How can I prove I'm a fit mother and able to take care of my children even moving

    Answered almost 4 years ago.

    1. Shawn E. Gunder
    2. Damon Sharad Bivek
    2 lawyer answers

    In order to get primary physical custody of your children you will need to file a Petition with the Superior Court in the county in which the children reside. When was the last order regarding child custody issued? In order for you to be successful in your Petition, you will need to prove to the Court that there has been a substantial change in circumstances since the entry of your last order, and that a modification of custody is in the best interest of the children. You will need to...

  8. How quickly can a non-custodial parent get a modification?

    Answered almost 4 years ago.

    1. Damon Sharad Bivek
    2. Jennifer H. Keaton
    2 lawyer answers

    It can take some time to get a modification of child support petition through the court system. Depending on the county you are filing in you can expect to wait at least 45 days for a court date, and most likely you will have to wait longer. If the other side is cooperative, then you can always get things done faster by consent of both parties. However, if the other side is likely to contest the child support modification, you will have to file discovery requests to get accurate financial...

  9. What rights do a non-custodial parent have in fighting a custodial parent moving out of state?

    Answered almost 4 years ago.

    1. David Edward Oles
    2. Damon Sharad Bivek
    3. Christopher T. Anderson
    3 lawyer answers

    If you feel that the move is not in the child's best interest, then you can Petition the Court for a modification of custody. In order to be successful in such a Petition, you will need to show the Court that there has been a substantial change in circumstances since the entry of the initial Order concerning your custody arrangement. Georgia Courts have held that an out-of-state move constitutes a substantial change in circumstances. Where is your ex-wife moving? If her move will...

  10. Child support moddification

    Answered almost 4 years ago.

    1. Jennifer H. Keaton
    2. Damon Sharad Bivek
    2 lawyer answers

    Have you filed a modification of child support action in the past 2 years? If the answer is no, then you are not barred from seeking a modification. Whether or not the modification of child support will be granted depends on a number of factors including your present income, and the mother's present income. The present needs of the child will also play a factor, including his/her day care, health care, educational expenses, and expenses associated with extra-curricular activities. The best...