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Damon Sharad Bivek
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Damon Bivek’s Answers

170 total


  • If my childs father and I live together solely as roommates does he have to pay child support?

    My childs father and I are expecting another child so we decided to live together as roommates only for the kids. He already pays child support on our first child, will he have to continue to pay if we live together as roommates. Nothing is throug...

    Damon’s Answer

    The short answer is yes. The amount of child support he will have to pay depends on a number of different factors including whether or not he contributes to the mortgage where the minor child resides, and what your children's needs are in terms of health care, day care, and educational costs. What are your long-term plans as far as living arrangements go? I am assuming that you and the father are not currently married. If this is the case, then In order for you to be protected, you will need to file a formal Petition for Paternity and Child Support.

    If you would like to discuss things further, please contact us for a free consultation. You can find a link and learn more about my firm below.

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

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  • How can I get back child support that has not been paid for the last year

    ex has worked on and off for the past year but has not provided any child support. Upon our divorce, the judge included an order to paid which was an amount we both agreed to. He tells me he has to catch up on his bills, car needs fixing. He is...

    Damon’s Answer

    You would need to file a Petition for Contempt for your ex's failure to pay child support. If you can show that your ex has willfully refused to abide by the Court's Order, then the Court can incarcerate him and require that he catch up on his back-owed child support.

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

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  • What are my chances of getting full custody of my 13 month old son.

    im simi retired, have supportive income, home paid for with my earnings from before marriage, im keeping him now full time (no daycare), She has two children (boy 7 girl 11) and is a good mother but has full time+ job, night class's, and online pa...

    Damon’s Answer

    The facts that you mention above will certainly help you to make a compelling argument to the Court. The standard the Court uses is what is in the best interest of the child? If you can prove to the Court that you are the more capable parent, and that you are in fact currently the primary care taker, then there is certainly a chance that you will be awarded primary custody of your son.

    Are you currently in divorce proceedings? Is there any kind of temporary order in place? If you have not already filed for divorce, I strongly urge you to speak to an attorney and provide some more information about your situation, so that you can get some candid advice about the best way to proceed.

    Some law firms, like my own, offer free initial consultations, should you wish to get some more information about your options. Please click on the link should you wish to learn more about our law firm.

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

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  • Father vs baby mother and her parents { child custody}

    I am a single father that is in my childs life and i have been there since day one, me and my baby mother are still together, shes about to go to the army and has to give up her right to our child, neither one of us have custody now, but she wants...

    Damon’s Answer

    I'm assuming that the two of you were never married, and that the child was born out of wedlock. If this is the case, then you need to consider filing a Petition for Legitimation, so that you can establish yourself as the legal father of the child and get formal custody rights.

    This would enable you to care for the child while the mother is away, and make significant decisions concerning the child's welfare. I strongly suggest you provide some additional details to an attorney in a private consultation, so that you can get some more information about the steps and cost involved to formally legitimate your child.

    My firm offers free initial consultations should you wish to discuss things further. Please click on the link below and contact us should you wish to talk about your options.

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  • Parents live in different states which state do we apply for custody

    I live in GA for the past year, and my daughter's father in CA, where do I file custody?

    Damon’s Answer

    Where does your child live? Were you and the child's father married? What is the current custodial arrangement between the two of you? You need to provide much more information before I can answer your question.

    The Uniform Child Custody Jurisdiction Enforcement Act is what governs which state will have Jurisdiction over a potential custody action between you and the child's father. The UCCJEA vests exclusive continuing jurisdiction for child custody litigation in the child's home state. Home state is defined as the state where the child has lived with his parents for at least six months prior to the commencement of the proceeding.

    If a child has not lived in any state for at least six months, then the courts will look at the state in which the child and at least one parent has significant connections. There are many factors that go into determining which state has the appropriate jurisdiction including which state would have substantial evidence concerning the child's care, upbringing, protection and personal relationships.

    I urge you to speak to an attorney and provide some more facts to get the best counsel for your situation.

    If you would like to discuss things further in a confidential, free and private consultation, my firm offers free initial consultations. Please click on the link below and contact us 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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  • Exhusband Filed for Petition for Citation of Contempt

    My ex-husband filed a petition for citation of contempt for not allowing him to visit with our 6 year old daughter in Henry County, GA.Our divorce was final in Feb 2005 in Henry County, GA. My ex-husband live in Georgia and the child and I live in...

    Damon’s Answer

    If you have been served with Contempt papers, and there is a Court Date, you need to speak with an attorney immediately, as you will need to prepare and file a formal response. If your ex-husband is behind on child support, then you need to file your own Contempt against him, and show the Court that he is not following the Court Order, as that will be taken into account during the Contempt proceedings.

    You also may want to file a Petition to Modify the Custodial Arrangement, since you are now living in Florida, and the old agreement may no longer be feasible. I suggest you schedule an appointment to speak to an attorney, so that he/she can learn more about your case and give you some advice / options.

    Many attorneys, like those at my law firm, offer free consultations. If you would like to schedule a free consultation please click on the link below and call us.

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

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  • Child visitation in Atlanta, Georgia.

    What age can a child in Atlanta, Georgia decide they no-longer want to visit their dad? If my child is not the age that can decide for themselves...are there legal actions I can take to cease visitation to a non-custodial parent with no visitation...

    Damon’s Answer

    If the non-custodial parent has not had contact with the child and has not paid child support for a significant period of time, then you can proceed with a Petition to Terminate the Parental Rights of the father in the Juvenile Court in the County in which the child resides.

    I need some more information about the non-custodial parent and his current rights. Were the two of you married? Was the child ever legitimated? What are the Dad's current rights of visitation? Does he pay child support? How often does he see the child?

    You could also pursue a Modification of Custody action to restrict Dad's visitation rights if you can prove to the Court that this would be in the best interest of the child. I urge you to speak to an attorney in a private consultation, so that he/she can learn more about your case and give you some advice and options on the best way to proceed.

    Some law firms, like my own, offer free initial consultations. Please click on the link below and call us should you wish to schedule a free private initial consultation to further discuss your needs.

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

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  • Should my daughters bio dad, who live in TX pay for a lawyer to terminate his rights and should i contact him to do so?

    i have a 15 month old who has never met her father. he has never paid child support and is in agreement to give up his parental rights.(this was agreed around may 2009) he lives in texas and has not attempted to contact me about this. i am more th...

    Damon’s Answer

    You need to file the Petition to Terminate his parental rights in the Juvenile Court in the county in which you and your 15 month old reside here in Georgia.

    You have sufficient grounds to terminate his parental rights, because of the fact that he has had no contact with the child and paid no child support for a period greater than 12 months. You will need to serve him with the papers at his place of residence in Texas. He can sign an Acknowledgment of Service to make the process easier and less costly.

    I suggest that you speak to an attorney to discuss the steps and cost involved. Once his parental rights are terminated, you will not have to fear that he can get custody or visitation at some point in the future.

    Many attorneys, like those at my law firm, offer free consultations. Please click on the link below and call us should you wish to discuss things further in a free private consultation.

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

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  • CAn my ex take my daughther to a trip to her new boyfriend's house without my permission

    My ex girlfriend wants to take our daughther to her new boyfriend's house without my permission.

    Damon’s Answer

    The answer depends on the legal rights you have to your child. Were you and your ex married? When did you divorce? Did you enter into a settlement agreement regarding your child? Were there any provisions in the Settlement Agreement that related to the child?

    If the child was born out of wedlock, was he/she ever legitimated formally in Court? I urge you to contact an attorney to discuss things further. Many law firms, like my own, offer free initial consultations, so that you can provide some more information and get better legal advice.

    Please know that this posting does not create an attorney-client relationship, and that if you would like specific legal advice you should contact an attorney to schedule a private and confidential consultation.

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  • My step-kids have decided to live with there dad,is there a possililty my wife would not have to pay child support

    my wife's ex make a conciderable bit more than my wife makes,losing the child support she recieves now has put her in a financal bind.he make more than the 2 of us put together

    Damon’s Answer

    The answer to your questions depend on a number of factors including your Wife's income, her ex-husband's income, the childrens needs and expenses, and his willingness to cooperate. Your Wife may be able to take a deviation from the child support guidelines and reduce her child support obligation to a minimal amount. Do the two of you have any children together that she helps to support?

    I urge you to schedule an appointment for your Wife to meet with an attorney to go over a child support worksheet and get some more details from you about the situation. Many law firms, like my own, offer free initial consultations. You can learn more about us at the link below.

    Please know that this posting does not create an attorney-client relationship. Should you have specific legal needs, you should discuss them in a private and confidential consultation with an attorney.

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