David Benton Purvis’s Answers

David Benton Purvis

Savannah Family Law Attorney.

Contributor Level 4
  1. Should I attempt to file a modification of custody pro se?

    Answered 5 months ago.

    1. David Benton Purvis
    2. Glen Edward Ashman
    3. Rachel Aliza Elovitz
    4. Patrick Lee Jarrett
    4 lawyer answers

    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...

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

    Answered 5 months ago.

    1. John B. Lyle
    2. Jeffrey L. Cohen
    3. David Benton Purvis
    4. Michael John O'Hagan
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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

    Answered about 1 month ago.

    1. Darrell Brinnett Reynolds Sr.
    2. Angela Mary Kinley
    3. David Benton Purvis
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered 5 months ago.

    1. Glen Edward Ashman
    2. David Benton Purvis
    3. Richard G. Farnsworth
    4. Howard M Lewis
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered 5 months ago.

    1. Birney O'Brian Bull
    2. Glen Edward Ashman
    3. Robert M. Gardner Jr.
    4. Alexis Leone Hamilton
    5. David Benton Purvis
    5 lawyer answers

    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.

    1 lawyer agreed with this answer

  6. 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?

    Answered 5 months ago.

    1. Mark J. Issa
    2. James Lawrence Yeargan Jr.
    3. David Benton Purvis
    3 lawyer answers

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

  7. How do I regain custody of my son?

    Answered 5 months ago.

    1. Rachel Aliza Elovitz
    2. David Benton Purvis
    3. Michael John O'Hagan
    4. David John Ward
    4 lawyer answers

    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...

  8. Can a grandparent get custody of a grandchild without involving DFACS?

    Answered 5 months ago.

    1. Anthony M. Zezima
    2. David Benton Purvis
    3. Michael John O'Hagan
    3 lawyer answers

    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.

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

    Answered 5 months ago.

    1. Daniel Ellis Rice
    2. David Benton Purvis
    2 lawyer answers

    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.

  10. 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

    Answered 5 months ago.

    1. Patrick Lehmon Meriwether
    2. Glen Edward Ashman
    3. Rachel Aliza Elovitz
    4. David Benton Purvis
    4 lawyer answers

    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.