Damon Sharad Bivek’s Answers

Damon Sharad Bivek

Marietta Family Law Attorney.

Contributor Level 12
  1. I am 15 and i want to live with my dad. i was told i can in ga. without going to court

    Answered about 4 years ago.

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

    You cannot modify custody without going to Court. In other words, if you would like to live with your Dad, then you should speak to him about filing a Modification of Custody Action. Because you are over the age of 14 years old, you will be able to sign an election affidavit enabling your father to seek the modification, and stand a very good chance of the modification being granted. Please let your father know that many attorneys offer free initial consultations, so that he can get some...

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

    Answered about 4 years ago.

    1. Damon Sharad Bivek
    1 lawyer 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...

  3. How fast can you get an emergency custody hearing?

    Answered about 4 years ago.

    1. Damon Sharad Bivek
    1 lawyer 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....

  4. In Cherokee County Georgia

    Answered about 4 years ago.

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

    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...

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

    Answered about 4 years ago.

    1. Damon Sharad Bivek
    1 lawyer 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...

  6. Child Support

    Answered about 4 years ago.

    1. Christopher T. Anderson
    2. Damon Sharad Bivek
    2 lawyer answers

    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...

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

    Answered about 4 years ago.

    1. Donald Lamar Cobb
    2. Damon Sharad Bivek
    3. Tori Kofie White
    4. David Alexander Browde
    4 lawyer answers

    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...

  8. Divorce decree

    Answered about 4 years ago.

    1. Johnny Ramirez Castaneda
    2. Donald Lamar Cobb
    3. Damon Sharad Bivek
    4. Christopher T. Anderson
    4 lawyer answers

    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...

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

    Answered about 4 years ago.

    1. Lee William Fitzpatrick
    2. Damon Sharad Bivek
    2 lawyer answers

    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...

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

    Answered about 4 years ago.

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

    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...