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David Benton Purvis

David Purvis’s Answers

10 total

  • How would I go about transferring jurisdiction over custody orders from the state of Colorado to the state of Georgia?

    I have primary physical custody of my son. We moved from Colorado to Georgia six months ago.

    David’s Answer

    Generally speaking, you can domesticate an out of state order, but there are several jurisdictional issues that must be determined and addressed prior to that. This is a situation where discussing options with an attorney would be highly recommended.

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  • How can I get a modification of child support and visitation months after the ruling?

    Once the ruling was made, the judge ordered me to pay 45% of my income. That number was determined by the lawyer I had. He presented to the judge after the ruling but it was denied. I gave proof of my earnings but stated that she didn't believe i...

    David’s Answer

    You can modify support and/or custody within 2 years, but you have a high hurdle to cross to do so. Like much of the practice of law, there's not an exact formula that will tell you if you have "enough" to cross that hurdle. My recommendation is that you consult with an attorney in your area who can delve into the facts of your case more and help you make the decision as to whether it may be fruitful to pursue a modification at this time.

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  • I have a warrant out for my arrest for non payment of child support in GA. Can my attorney turn me in when I meet with him?

    I have 2 arrest warrants for non payment of child support in GA. I want to meet with my attorney to make arrangement to pay an amount and set up payments so I can go back to work. When I meet with him can he have the police there waiting for me?

    David’s Answer

    Nope. Your attorney should be working out a resolution on your behalf, not springing the trap.

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  • How do I regain custody of my son?

    After 7 yrs of having sole custody to my son, the judge granted the father primary n both of us joint custody. Since the ruling, my son complained of his father yelling n hitting him. He talks ill of me to our son every chance he gets. He alters t...

    David’s Answer

    There is truly a lot at play here and there are a variety of considerations to be made. Ultimately, the mechanism to regain primary physical custody is likely going to be filing a Modification of Custody action, unless there are some appellate possibilities from this order (a lot of that is based on timing). Long story short, you should at least consult with a local attorney who can delve into the various aspects you've brought up and give you a more meaningful answer than what can be done in this forum.

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  • A legal seperation document has been drawn up and signed and notarized by both parties, but has not been filed., is it legal?

    The document is simple and states that I (wife) would stay in the marital home and the husband would pay the mortgage payment and utilities in the form a a lump sum payment each month. No children involved, medical would be taken care of until a ...

    David’s Answer

    To clarify, in Georgia, there is no legal state of "separation" - in the eyes of the law you are either married or not married. That said, there can be a separation agreement that covers much of what you have described. My concern and caution to you is that you are dealing with two separate aspects of the law: (1) you have the principals of family law in play and (2) you have the principals of contract law in play here. To ultimately know whether you have satisfied all of those principals and have generated a binding, enforceable agreement, you should contact a lawyer in your area.

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  • Can a grandparent get custody of a grandchild without involving DFACS?

    My 24 year old son has gotten out of control since his wife left him; drinking, drugs, depression. He won't admit to any of it or try to get help. I am worried about his 2 year old daughter.

    David’s Answer

    In certain circumstances, it is possible for grandparents to intervene and petition the court for custodial rights of a grandchild. Unless DFACS is involved, if the parties are still legally married, you may not be able to pursue custody of the grandchild. Ultimately, your best bet is to schedule a consultation with a lawyer in your area that knows family law.

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  • I close my case is the non custodia parent responibile for arrears

    He was behind 9000 I wanna know will I get refund

    David’s Answer

    It depends largely on how you closed your case and the language of the order. My recommendation is that you schedule a consult with a local attorney and have them take a look at what documents you have since it sounds like there has already been judicial intervention in this matter. But yes, as a general rule, if there is an arrears on a court ordered child support, the non-custodial parent remains responsible for that.

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  • Does mother of 2, need signature of father, whom never married & he only signed 1 birth certificate, to sign over rights?

    Mom is finally ready to marry, but to someone else, bio father is in prison, he signed birth certificate of 1st child, but not 2nd. Does mom have to have bio dad to sing over rights for new hubby to adopt the boys? Bio dad is in FL prison, mom and...

    David’s Answer

    As with most legal answers, the answer is "maybe". The stepfather can petition to terminate bio dad's rights and adopt. Bio dad can contest this action, or consent to it. Ultimately, the judge is going to decide based on the statutory "Best Interests of the Child" standard.

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  • Cant see my kids i am Their father but we had them out of wedlock=no rights for me?? Bitter EX hiding my children from me 1yrnow

    She got married and my children are calling him daddy and forgetting me =/=_=( Ive Been reading legal aid sooo to get visitation i have to.....? notarize a letter saying that they are mine take it to the county she lives in and file a petitio...

    David’s Answer

    Legitimate, legitimate, legitimate! Even if you are court ordered to pay child support, you may still not be the children's father in the eyes of the law. The only way to get visitation and custody questions resolved is to petition for legitimation. A legitimation action is a court action - a notarized letter will get you nowhere.
    Call around and speak with family law attorneys in the Covington County area. There are many different factors that will come into play in your case.

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  • Should I attempt to file a modification of custody pro se?

    Should you attempt to file a modification of custody pro se? I already spent $15,000 just to obtain legitimation and in the process was awarded custody of my youngest and partial custody of my middle child. Their mother, who has custody of the o...

    David’s Answer

    • Selected as best answer

    Can you and should you are two different questions. You can represent yourself in a modification case. Should you? As I like to say, "that's a you decision". Contested family law cases are very difficult to effectively represent yourself in. On top of knowing the legal aspects of your case, it is often helpful to have someone who is not as emotionally involved in the case as you are providing advice. Modifying child custody can become incredibly contentious. A knowledgeable family law attorney can help navigate those waters for you. Not all family law attorneys take the same approach, either. While it takes two to tango, you can find attorneys in your area who make an effort not to leave families in financial ruin after they are done with a case. My best advice is to call around and consult with many attorneys in your area. Everyone prices things differently, but ultimately, you need an attorney you feel most comfortable dealing with.

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