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Damon Sharad Bivek
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Damon Bivek’s Answers

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  • Can my step-children legally choose to move to Georgia and live with their father and I?

    My step children lived less than 5 miles from my husband (their father) and I until about 3 years ago. Their mother moved them to Las Vagas. They are unhappy and, in my opinion, not receiving the care and attention they need. One of them will be...

    Damon’s Answer

    Where did the divorce occur? Your husband can file a Modification of Custody Action, and request that the Court allow a change of custody for his 14 year old son. In Georgia, he will have to prove whether or not there has been a substantial change in circumstances since the entry of the initial custody order. What qualifies as a "substantial change" is a matter for the Court to determine, but Courts in Georgia have held that an out of state move that negatiely impacts the best interests of the child can qualify for a substantial change.

    Whether or not Georgia has jurisdiction over the 14-year old son depends on a number of factors which can be discussed further in an initial attorney consultation.

    In Georgia, a 14-year old can file an affidavit stating his preference to live with the father, and that can be used as evidence for the modification of custody action. I urge you to have your husband speak to an attorney about this matter as soon as possible. Many law firms, like my own, offer free initial consultations. You can contact us at the link below.

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

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  • Goign to family court in Marietta,Georgia

    MY 12 yo son who suffes from Aspergers Syndrome and ADHD is enrolled in a special needs school.He had an episode and struck and harmed one of his instructors at the school.Now the Instructor is taking him my self and my wife to family court in Mar...

    Damon’s Answer

    When you say that your instructor is "taking you to family Court" can you be a little bit more specific. Was there any formal action filed against you by the Department of Family and Childrens Services? Do you have a court date scheduled? When is the Court Date?

    You need to provide more details about the documents that you were served with regarding any upcoming Court Hearings, if you were served with any papers.

    I strongly encourage you to contact an attorney if you have a pending Court Hearing, as you do not want to go to Court unrepresented. Please click on the link below should you want a free consultation.

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

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  • How do I apply for child support if the father denied paternity in court and lives in another state?

    My son is nine years old. My son's father and I were never married. His father stipulated to a domestic violence petition in court. It stated that he held a gun to my head and endangered my son. My son was born in Florida. We now live in GA. H...

    Damon’s Answer

    If he is in fact the father, then you need to file a Petition for Paternity and Child Support and request that the Court compel the father to provide a DNA sample, so that a test can be conducted to confirm whether or not he is the father. If the results come back positive, you will be able to get child support from him and establish paternity (without his cooperation).

    I strongly suggest that you speak to an attorney to see the steps and cost involved. My law firm offers free initial consultations, so it will not cost you anything to see what's involved to start collecting child support. It is definitely a smart investment as you will recoup your investment many times over with the child support that you collect over the next 9 years.

    Please find a link to my law firm below.

    This is a general interest posting and does not create an attorney-client relationship.

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  • How do I get copies of papers in another state?

    My son's father lives in WA while I live in GA. I have full custody of my son and the father keeps saying he has the right to clame him on taxes. I am having trouble finding the papers. How do I prove anything? I never agreed to giving him such ...

    Damon’s Answer

    You can have an attorney contact the Superior Court in the county in which your son's father lives to see if there are any documents on file. Were you and the father married? If so, where was the paperwork filed? If not, where was the child support paperwork filed? Typically the primary physical custodian gets the tax deduction, so you need to be claiming the deduction on your taxes. I strongly urge you to contact an attorney to schedule a free consultation so that you can learn more about your options, as you could be losing out on thousands of dollars per year. Here is a link to my law firm that offers free initial consultations.

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

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  • How do you file for an emergency temporary hearing?

    I have already filed for divorce and for a temperary hearing. I want to get a sooner date. I know i can, but i don't know what forms to file!

    Damon’s Answer

    Whether or not you will be able to obtain an emergency temporary hearing depends on the circumstances, the county in which your divorce is pending, and ultimately the Judge. I strongly urge you to consult with an attorney and retain one, if you haven't already, as obtaining any type of emergency hearing is very difficult.

    Moreover, making sure you present your evidence properly in order to get the relief you are seeking is absolutely critical, and you are much more likely to succeed should you go to Court with counsel. The last thing that you want to happen is that you get your foot in the door only to have the Judge deny you the relief you are seeking because you were not adequately prepared. There are several mandatory documents that need to be filed with the Court before the Court will consider any of your requests. It is smart to at least consult with an attorney to see what is involved.

    Please click on the link below and give my law firm a call should you wish to schedule a free consultation.

    This post does not create an attorney-client relationship and is a general interest posting. If you want specific legal advice you will need to provide an attorney with more information in a confidential setting.

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  • My husband had an affair that produced a child. Will my income be a factor? Will her's?

    He has an affair and produced a child. He makes less than I do and I wanted to be sure that his stupid mistake doesn't cost me. We already have 2 children and I am curious how they factor in what he pays. She is a hairdresser for a chain. She ...

    Damon’s Answer

    Are the two of you going through divorce proceedings? If so, then this child that he had will factor into the calculation of child support that he pays you based on the child support guidelines. Child support in Georgia is calculated pursuant to a child support worksheet.

    Schedule B of the child support worksheet allows for an adjustment for pre-existing child support orders being paid for other children. If your husband is paying child support to the mother of the child that was born because of his affair, then he will be entitled to a deduction in the amount of child support that he pays you, depending on how much child support that he is paying her.

    If he his not paying her any child support pursuant to a pre-existing order, then you can proceed with the divorce and get child support based on the child support worksheet without calculating any Schedule B deviations.

    Her income gets factored into all of this if and when the mother of the child files for child support against your husband. The amount of child support that your husband will have to pay the hairdresser depends on how much money she makes. The more money she makes, the less child support he will have to pay to her, and the less deduction he can take in paying you child support.

    If your husband does not currently pay child support to the hairdresser pursuant to any Order, and you would like to proceed with divorce proceedings, then I strongly encourage you to retain counsel, so that things can be done quickly and properly, and you can maximize the child support that you are supposed to receive.

    If you would like a free consultation please click on the link below.

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

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  • Living in the UK and my husband lives in Atlanta.We have been seperated for 7 years.

    My husband and I have been living seperated for almost 7 years. I live in the UK and he lives in Atlanta. I have no means of contacting him and want to get a divorce. How do I go about getting a divorce?

    Damon’s Answer

    Do you know where your husband lives in Atlanta? It is not a problem for you to proceed with divorce proceedings, but you must do so by filing in the Superior Court of the county in which he currently resides. If you do not know where he resides, then you may want to look into hiring a private investigator to track him down.

    Once you have an address for him, you will need to serve him with the divorce papers. I'm assuming that the two of you do not have any children together. If this is correct, then you will need to file a Settlement Agreement that equitably divides all of your assets and debts. If you do have children, then there will be other things that need to be filed in conjunction with the divorce including child support worksheets and a parenting plan.

    A good first step is to talk to a local Atlanta attorney about what papers need to be filed, and what the cost would be for everything. My law practice offers free initial consultations so that you can get some more information about how long the process takes, what exactly needs to be filed, and what the divorce settlement would look like given your specific circumstances.

    Here is a link to our law practice.

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

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  • What is the likely outcome of this custody issue?

    Daughter lived in boyfriend in KY 5 yrs. He broke off relationship & she went back to GA to live with her dad, she was 6 months pregnant. Infant girl born July 2007. Boyfriend moved to GA after that until Dec 5th, then decided he was gay and move...

    Damon’s Answer

    It is impossible to predict what will happen in Court without learning more about the mother and the father of this child. Typically, for a child so young, and given the circumstances you mention above, the mother would have a very strong case for retaining primary physical custody. However, if you proceed to Court unrepresented you will not be as prepared as you would should you retain counsel.

    My law firm offers free consultations and flexible payment plans to help with your difficult financial circumstances. This issue is far too important to resolve without counsel. There are many steps that the mother could take (including appointing a Guardian Ad Litem, requesting mediation, requesting extensive Discovery Materials from the boyfriend and /or requesting DNA / Paternity testing) that would help resolve these issues before things got too costly or too contested.

    Please click on the link below to learn more about my law firm, and do not hesitate to call should you want a free consultation to discuss your options further.

    This is a general interest posting and does not create an attorney-client relationship.

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  • My husband told me to leave

    My husband told me to leave but I don't have any money saved. All of our accounts are in his name. What should I do?

    Damon’s Answer

    If your marriage is irretrievably broken and there is no hope of reconciliation, I suggest you speak with an attorney about filing for divorce. Once you file, the Court will issue a Standing Order that will offer you protection.

    You can also request a temporary hearing where you can seek financial support from your Husband, while the two of you go through the divorce process. The temporary living situation can also be addressed at that time. I suggest you speak to an attorney immediately. If finances are difficult, please know that my law firm offers free consultations to help guide you on how best to begin.

    Please click on the link below to learn more about my law firm, or give us a call should you wish to schedule a free consultation.

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

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  • What to do next?

    Getting a divorce, paid $5000 retainer to attorney at seperation. After living on my own with my daughter (from 1st marrage) I now can't afford/ don't know if I should keep my laywer. We are only at medeation, the $'s all gone, and we can't agree ...

    Damon’s Answer

    Has a Guardian Ad Litem been appointed? If she wants to join the military and is planning on moving around frequently, then a Guardian needs to be made aware of all of these facts, and give a custody recommendation to both parties, so that you aren't spinning your wheels fighting over custody and burning through attorney's fees. If you are unhappy with your current counsel, then you may want to consider speaking to another attorney and bringing them up to speed on your case to see if someone else would be a better fit.

    Here is a link to our law firm. We would be happy to arrange a free consultation for you and speak to you more about the specific facts of your case. Best of luck.

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

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