Damon Sharad Bivek’s Answers

Damon Sharad Bivek

Marietta Family Law Attorney.

Contributor Level 12
  1. My ex wife has custody of my 12 yr old son who says he wants to live with me. how do I set up a mediation so i can talk to him

    Answered about 4 years ago.

    1. Paula Jeanette Mcgill
    2. Damon Sharad Bivek
    3. Christopher T. Anderson
    3 lawyer answers

    If your 12 year old son wants to live with you, and you think it's in the child's best interest that he live with you, then you need to file a Petition for Modification of Custody with the Superior Court in the county in which the child currently resides. You will have to show the Court that there has been a material change in circumstances warranting a modification of custody. Once you file the Modification of Custody action, you will be able to request that the Court appoint a Guardian Ad...

  2. Can child support be modified after legal obligation has expired and he still owes back support?

    Answered about 4 years ago.

    1. Christopher T. Anderson
    2. Damon Sharad Bivek
    3. Jeffery Michael Haupt
    3 lawyer answers

    The short answer to your question is yes you can file a Petition for Contempt and seek to collect the past owed $5,900. Your ex will not be able to modify back owed child support. However, in order for you to collect the child support and enforce the amount he was supposed to pay, you will need to file a Petition for Contempt. If you would like to discuss the steps and cost involved, I suggest that you speak with an attorney in a private and confidential consultation. Some attorneys, like...

  3. Pending Divorce - 30 Day Status Conference?

    Answered about 4 years ago.

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

    The short answer is yes. However, I suggest that you have all of the appropriate paperwork ready, so that you can finalize your entire divorce at the 30 day status conference. If you have no assets, property or children, you will need to prepare a Final Judgment and Decree of Divorce for the Court to sign, as well as a Report of Divorce to file with the Clerk. You will need to put some evidence on the record confirming that the Court has appropriate jurisdiction. If you have already filed the...

  4. Change of name how much i am a adult male and dont like my full name

    Answered about 4 years ago.

    1. Jennifer Nichole Johnson
    2. John D. Blair
    3. Damon Sharad Bivek
    3 lawyer answers

    You will need to file a formal Petition with the Superior Court to change your name. In order to make sure it is done correctly, I strongly urge that you contact an attorney to discuss the steps involved. Some attorneys, like those at my office, even offer a free initial consultation, so that you can get a better idea of the steps and costs involved. Please know that this is a general interest posting and does not create an attorney-client relationship.

  5. After mother replied to legitimization with a yes-what do I file now to get it signed and a custody/visitation order in place?

    Answered about 4 years ago.

    1. Caralyn Joy Huddleston
    2. Damon Sharad Bivek
    2 lawyer answers

    I suggest that you and the mother go to mediation, so that you can formalize a parenting plan. If you can afford an attorney, the attorney will be able to negotiate and formalize a parenting plan on your behalf that governs all matters concerning custody, visitation, holidays, pick-up / drop-off times, etc... I strongly suggest you at least speak to an attorney about your options. Some attorneys, like those at my office, even offer free consultations, so that you can get some more...

  6. Can the Division of Child Support Services , Albany GA automatically put my child support in Enforcement when they made a error?

    Answered about 4 years ago.

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

    If the mother and you are both in agreement that because your 2 sons have been living with you for the past 2 years she does not want to collect any child support from you, then you should seek a formal modification of the child support arrearages in Court. You should also seek a formal modification of custody, if you havn't already done so to prevent any issues coming up in the future. You can file both Petitions in the Superior Court to modify the child support obligation, and the custody...

  7. Can a father demand 1/2 distance driving when he has moved and not in papers

    Answered about 4 years ago.

    1. Kimbley Necole Puckett
    2. Christopher T. Anderson
    3. Damon Sharad Bivek
    3 lawyer answers

    If the father has moved across the state and his visitation related travel expenses have increased, then you have sufficient grounds to either seek a modification of your divorce decree or a modification of child support. Rather than demanding that the mother drive halfway, the better course of action would be to seek a modification of child support based on the father's increased costs for visitation related travel expenses. If the mother still wants to receive the same amount of child...

  8. Can a custodial parent keep the other parent from seeing the child?

    Answered about 4 years ago.

    1. Damon Sharad Bivek
    2. David Alexander Browde
    2 lawyer answers

    I suggest that you request a Rule Nisi as soon as possible, so that you can get the Court to award you some temporary visitation while you figure out things on a permanent basis. Have you petitioned the Court to Appoint a Guardian Ad Litem. A Guardian can be appointed by the Court to help protect the best interests of your child. What are your current rights to the child? I strongly suggest you speak to an attorney in a private and confidential consultation, so that you can provide some more...

  9. Why does it take so long to get a court date. The lawyer is always changing our date at the last minute?

    Answered about 4 years ago.

    1. Damon Sharad Bivek
    2. Andrew Daniel Myers
    2 lawyer answers

    I am sorry to hear that your divorce has been pending for 4 years. That is an incredibly long time to be going through the divorce process. It is not difficult to get a Court Date, but you will want to get some legal representation to help protect your interests at the hearing. If the other attorney keeps postponing the Court Date, is it because of a legal conflict? If you are the person who wants the Court Date, then you should take the initiative to schedule it. The only way it can then be...

  10. Adoption procedures and cost

    Answered about 4 years ago.

    1. Birney O'Brian Bull
    2. Glen Edward Ashman
    3. Damon Sharad Bivek
    4. Sherry Virginia Neal
    4 lawyer answers

    The time frame for completing an adoption can be relatively quick (approximately 45 days) depending on the circumstances. If the legal parents have already signed a surrender of parental rights, then that will help to expedite things. If you are ready to proceed with an adoption, then a good first step would be to consult with an attorney in a private and confidential consultation. Some law firms, like my own, offer free initial consultations, so that you can get an exact quote of the costs...