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Damon Sharad Bivek
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Damon Bivek’s Answers

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  • I want a quick divorce and sole custody of our two boys. My husband is active duty army and currently deployed. What can I do?

    My husband was abusive, even pulled a gun on me at one time. He is an alcoholic. He is a horrible father and I believe him to be a danger to our children. I want sole custody of our boys. He's active duty army and currently deployed. He is avoidin...

    Damon’s Answer

    I am very sorry to hear about your situation, but do think that you can get the relief you need. You do not need your Husband's cooperation to file for Divorce. You can go ahead and file the Divorce and have your Husband served, and request that the Court grant you sole physical custody of the children. Where is your husband deployed? If he is deployed internationally, then the Court will likely grant your Husband an automatic stay until he returns. However, you can at least get the divorce filed, so that you can start receiving support from your Husband while he is deployed. I strongly suggest you speak to an attorney about the paperwork, time frame, and cost involved.

    If your husband is an active military member, then there are special circumstances and issues that will arise, and you need to make sure you speak to an attorney that has some experience in handling military divorces.

    Your husband likely has Tricare medical insurance through the military, and may have a COLA (cost of living adjustment) that you need to make sure gets taken into consideration for your child support.

    If you would like to discuss things further in a private and confidential consultation at no cost to you, please do not hesitate to contact my office.

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

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  • Is there away to stop payingchild support if my ex wife has not let me see my only 10 year old son for 10 years.

    My ex wife disappeared with my son when he was 3 months. I was ordered to pay support and had a visitation order but she never let me see him. Located her 9 years later (2009), took her back to court to enforce the visitation. My ex wife sabotaged...

    Damon’s Answer

    If the new man in your ex-wife's life is interested in adopting the child, then you can terminate your parental rights to facilitate the adoption which would terminate your child support obligation. However, once the adoption is finalized, you would no longer have any legal rights to the child.

    This is the only way of terminating your child support obligation, without petitioning the Court for primary physical custody. Given your lack of contact with the child it is unlikely that the Court would grant you primary physical custody.

    If you are interested terminating your parental rights to facilitate an adoption, then the best way to proceed with this type of action is write a letter, or have an attorney write a letter on your behalf, that states your willingness to terminate your parental rights and enable your ex-wife and her new husband to adopt the child.

    If you would like to speak about things further in an initial confidential consultation please do not hesitate to contact my office.

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  • How can I find out how much money my ex husband makes per years? how can I get his taxes files to request child support?

    He is a mechanic and I dont believe that he files all the money he makes. Now he sends $150 per month. I want to know how much he makes per year so I can request more.

    Damon’s Answer

    In order to get the information you seek, you will need to file a Petition for Modification of Child Support and serve your ex-Husband with a Request for Production of Documents. He will be required to respond to your formal Discovery request within 30 or 45 days depending on when / how you serve him with the documents. You will likely need to hire an attorney to help you with the Discovery process as it can be complicated and difficult to enforce if done incorrectly. I strongly suggest you consult with an attorney about the steps involved in filing for your modification of child support action, as well as the Discovery request that you will need to file in conjunction with your Petition, so that you can get an accurate indication of exactly how much your ex-husband is earning.

    If you would like to talk about things further in a free and confidential consultation, please do not hesitate to contact my office. Please know that this is a general interest posting and does not create an attorney-client relationship.

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  • How can I prove I'm a fit mother and able to take care of my children even moving

    My ex-husband has a criminal background of no licences. driving while intoxicated, driving with children unrestrained. He does not supervise them when playing in woods or with knives, I have moved out of state, I go to school and I feel my kids ar...

    Damon’s Answer

    In order to get primary physical custody of your children you will need to file a Petition with the Superior Court in the county in which the children reside. When was the last order regarding child custody issued? In order for you to be successful in your Petition, you will need to prove to the Court that there has been a substantial change in circumstances since the entry of your last order, and that a modification of custody is in the best interest of the children.

    You will need to provide some more specifics about your situation, before I can advise you on how best to proceed, but from the facts you suggest above you have several compelling reasons for modifying custody. You may also want to request that the Court appoint a Guardian Ad Litem that can investigate the father's background and report his drug and alcohol related issues to the Court. The Guardian's job will be to protect the best interest of your children in the modification action.

    Please do not hesitate to contact my office should you wish to discuss things further in a free and confidential consultation. Please know that this is a general interest posting and does not create an attorney client relationship.

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  • How quickly can a non-custodial parent get a modification?

    I'm a non-custodial parent who is no longer working. I was receiving unemployment that was taking out child support. I am no longer receiving ue benefits and need a modication.

    Damon’s Answer

    It can take some time to get a modification of child support petition through the court system. Depending on the county you are filing in you can expect to wait at least 45 days for a court date, and most likely you will have to wait longer. If the other side is cooperative, then you can always get things done faster by consent of both parties. However, if the other side is likely to contest the child support modification, you will have to file discovery requests to get accurate financial information from the other side and give them at least 30 days to respond. Bottom line, expect to wait at least 45 days, and most likely longer, until everything is processed depending on the county.

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

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  • What rights do a non-custodial parent have in fighting a custodial parent moving out of state?

    My custody agreement states that I have them every other weekend and also two days during the week. I moved out of my house and moved in with my parents so my ex-wife and two sons could live there. My parents and me wanted them close by. My mom...

    Damon’s Answer

    If you feel that the move is not in the child's best interest, then you can Petition the Court for a modification of custody. In order to be successful in such a Petition, you will need to show the Court that there has been a substantial change in circumstances since the entry of the initial Order concerning your custody arrangement. Georgia Courts have held that an out-of-state move constitutes a substantial change in circumstances.

    Where is your ex-wife moving? If her move will effectively render your current custodial arrangement unfeasible (because every other weekend transportation of the children across state lines would be too difficult) then I strongly suggest that you meet with an attorney about seeking a modification of your current parenting plan. You can either Petition the Court for primary physical custody, or for extended summer and holiday parenting time. You can also request that the Court grant you a deviation in child support, and decrease the amount you are paying, as an out-of-state move would increase your visitation related travel expenses.

    I would be happy to review your parenting plan with you and discuss your goals and the legal options available to you as well as the potential steps / costs involved. I offer initial consultations at no charge to you. If you would like to learn more about my law practice please click the link below.

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

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  • Child support moddification

    I remarried and I am paying child support but I have other kids in my second marriage can I do a modification on my child support

    Damon’s Answer

    Have you filed a modification of child support action in the past 2 years? If the answer is no, then you are not barred from seeking a modification. Whether or not the modification of child support will be granted depends on a number of factors including your present income, and the mother's present income. The present needs of the child will also play a factor, including his/her day care, health care, educational expenses, and expenses associated with extra-curricular activities.

    The best way to figure out whether or not you are eligible for a modification of child support is to go through a child support worksheet with an experienced attorney, so you can get an idea of what the potential reduction would be and the attorneys fees involved. You can then conduct a cost-benefit analysis to see if it is worth it to you.

    Please do not hesitate to contact my office should you want to schedule an initial consultation at no cost to you, so that you can go through a child support worksheet and determine if a modification action is in your best interests.

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

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

    i expressed moving with my dad after being with him for the summer. my mom got mam and removed me from my dads house and threatened me if i mentioned it again. the cops told her she can't make me stay with her b/c i am15 but i went with her b/c of...

    Damon’s Answer

    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 more information about the steps involved.

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

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  • What to do when the parents have joint legal custody father has primary physical

    and the child has ended up on suicide watch for 4 days because he is terrified of his father - Is there anyway the mother can protect the child without waiting for him to hurt himself?

    Damon’s Answer

    I would strongly suggest you file a Petition for Modification of Custody as soon as possible. You can also request that the Court appoint a Guardian Ad Litem to look after the best interests of the child. In order to be successful in your Petition, you will need to show the Court that there has been a substantial change in circumstances since the last order granting the father primary physical custody.

    This situation is too important to ignore, and you need to contact an attorney as soon as possible to learn about your best options and the steps / costs involved.

    If you would like to discuss things further in a private and confidential consultation at no cost to you please do not hesitate to contact my office.

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

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  • If a parent with sole custody is incarcerated, what does the non custodial parent need to do in order to get custodial rights?

    Mother has had sole custody for 5 years of 3 minor children while father served time. (Divorce and custody was decided when he was incarcerated and not able to contest) now the mother is incarcerated and the father wishes to seek joint custody of ...

    Damon’s Answer

    I think I may have answered your question in another post. The short answer is the father needs to file a Petition for Modification of Custody in the Superior Court of the Mother's residence, and get the Mother served with the papers as soon as possible. You will need to show the Court that there has been a substantial change in circumstances since the entry of the Order granting the Mother custody of the children.

    The Court will also likely appoint a Guardian Ad Litem to look after the best interests of the children. I can advise you on the steps and costs involved if you would like to discuss things further in a private and confidential consultation at no cost to you. Please do not hesitate to contact my office.

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

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