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Questions Answered by Kelly Case
3 Answers | Asked in Criminal Law and DUI / DWI for Georgia on
Q: I recently got arrested for aggravated assault an dui, first time I've ever got in trouble with the law or been arrested

The case is still open an I don't have a court date yet what are my options an what can I expect to happen thanks

Kelly Case
Kelly Case answered on May 10, 2017

First, stop posting on social media. Second, and even more importantly. Hire a top notch criminal lawyer. These are serious charges and trying to do this yourself will be the worst, longest lasting mistake you could make. You can expect jail time, lose of your license and worse! You only have 10... Read more »

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2 Answers | Asked in Family Law for Georgia on
Q: Bio dad says he will relinquish rights so he won't have to pay child support. Can he do this?

He's currently going through legitimation so afterwards he can release rights to avoid paying child support.

Kelly Case
Kelly Case answered on May 10, 2017

Child support is not his "choice". He will be ordered to pay child support. He can seek to emancipate the child, but I have never seen that be successful and it will be an unusually a short-lived argument once he is in front of a judge. If he is the father of the child, he will pay child support in... Read more »

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: moved to texas without address nothing divorce papers say im to have info caught cheating new wife change custody

My ex husband was just caught by his new wife cheating with employees same story as mine with him he got full well we have joint custody but he keeps son away from me he sent me a letter telling me not asking if my he could move to texas i have no address havent seen son in almost 2 yrs i have odd... Read more »

Kelly Case
Kelly Case answered on May 9, 2017

I do not understand your question. It seems as if you are wanting to file for a modification and want to seek to have right to determine primary residence of your child. If that is correct, then you should make arrangements to hire a family lawyer and allow them to proceed on your behalf. Good... Read more »

1 Answer | Asked in Divorce, Family Law and Immigration Law for Georgia on
Q: Hello, I have question that borders me a lot and I need help please. I'm married to a US citizen

Hello, I have question that borders me a lot and I need help please. I'm married to a US citizen.

We recently had a beautiful baby together. I'm yet to receive my Work permit card and will be expecting my green card also. And we've only been married for about 11 months but now my wife is... Read more »

Kelly Case
Kelly Case answered on May 9, 2017

It is unclear from your question what your status is in the United States but if your solely eligible to be in the US because you are married and then you get divorced, the fact that you have a child here is irrelevant and you will be deported. You should immediately hire and immigration lawyer and... Read more »

1 Answer | Asked in Divorce, Immigration Law and Child Support for Georgia on
Q: Need to file application for abandonment. He moved out of country. What can I do?

Coweta county residence since 2004. He is an Irish citizen. Abandoned now for 3 months with 3 kids, mortgage, etc. He refuses to offer any support. Told me to take him to court. What can I do?

Kelly Case
Kelly Case answered on May 9, 2017

You should hire a family law attorney and file for divorce on the grounds of abandonment. This is going to involve some complex legal issues including child support, alimony and international service so I recommend that you find a good family law attorney and get some help with this. Good luck... Read more »

1 Answer | Asked in Immigration Law and Divorce for Georgia on
Q: A very young georgian couple wants to divorce and need to know the best course. She is a black citizen. He is indian.

A very young georgian couple wants to divorce and need to know the best course. She is a black citizen. He is indian. She cheated on him and is pregnant with another man's child. He obtained his perm res as a benefit of being her spouse. She had a child before the marriage who was not his and he... Read more »

Kelly Case
Kelly Case answered on May 9, 2017

This is a very good question - good enough to be on a law school exam! They need to meet with and hire a lawyer. Any answer that a lawyer could give on this medium, for free, would be about worth the price they paid for it. Because of the various issues involved, I would suggest they take immediate... Read more »

1 Answer | Asked in Family Law and Workers' Compensation for Georgia on
Q: If the father NCP is paying CS but is out of work & receiving workers Comp. can a mod. for an increase still be filed?

There hasn't been an increase or modification filed since our divorce and he is making a lot more money now, before he went out on Workers comp. or should I wait until he is released to go back to work?

Kelly Case
Kelly Case answered on May 9, 2017

Assuming both are located in Georgia, and there has not been a previous modification within the past two years or the original ruling is more than 2 years old, then yes, you can file for a modification when the party paying child support is being paid through a worker's compensation policy as long... Read more »

1 Answer | Asked in Family Law and Child Support for Georgia on
Q: If your child's stays with you do you still have to pay child support
Kelly Case
Kelly Case answered on May 8, 2017

You are required to follow the court order. If there has been a change of circumstance, you must seek a modification. In Georgia, you are entitled to request a modification every 2 years. Just because the situation has changed does not mean that you can change child support payments. Beware of... Read more »

1 Answer | Asked in Family Law for Georgia on
Q: Im in a visition battle right now and need help we have been to counciling the shaft visitation neither have been good

Now were filing for guardian atlietuim i cannot afford to pay anymore attorney fees and it was given by judge both parties split cost i cant afford it what should I do

Kelly Case
Kelly Case answered on May 8, 2017

I do not understand your question. It seems like you are asking what should you do because you cannot afford something the judge has already ordered. If that is the case, talk to your attorney as they may need to file for the court to revisit that order. If you are asking what to do because you... Read more »

2 Answers | Asked in Estate Planning for Georgia on
Q: What's the primary differences between a testamentary and inter vivos trust?
Kelly Case
Kelly Case answered on May 8, 2017

In a testimentary trust - the trustee has died. In an inter vivos trust the trustee remains alive. www.JudgeCase.com

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1 Answer | Asked in DUI / DWI, Criminal Law and Civil Rights for Georgia on
Q: My boyfriend is a black male, arrested by a white officer for a DUI even though he blew a 0 on the breathalyzer.

My boyfriend asked several times to,be transported to a hospital for a blood test, but was denied. He was advised of a court date on Nov 14, but was called Nov 13 by his bondsman, who stated there was an arrest warrant for missing his court date. He immediately went to court in Nov 14 to inquire... Read more »

Kelly Case
Kelly Case answered on May 8, 2017

This is a very convoluted fact situation and you should probably get in touch with a good criminal or DUI attorney. Ther eis really nothing that you could do other than help him get a good lawyer. Mistakes do happen in the criminal justice system but this sounds like there is something else going... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: In a DUI case when can the defendant subpeona the production of evidence? Is the DA required to include arrest video?
Kelly Case
Kelly Case answered on May 8, 2017

Once charges are officially filed and the case has been assigned to a specific court, you can request a subpoena for records. Typically, there is no need to do this since most solicitors will provide the video and offense report as part of the discovery process. Issuing a subpoena to the police... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: I was convicted as a habitual impaired driver in the state of North Carolina and lost my driver license for life.

Can I therefore get a Georgia drivers license?

Kelly Case
Kelly Case answered on May 8, 2017

Without knowing more, the best I can tell is that Georgia will honor the North Carolina suspension. So you will have to get that issue resolved before Georgia will issue you a DL. Depending on the reason for the suspension in North Carolina, it may be possible to contact a very good DUI lawyer in... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: I got a 10 yr. Suspension after 3 dui's ,92- 06- 07 within 15 yrs in Fla HTO,am I HTO in ga.Can I get a lic.its yr 9
Kelly Case
Kelly Case answered on May 8, 2017

There is not enough information to answer your question. You should contact a very good DUI or administrative license lawyer and bring in all of your paperwork for a consultation. Your fact scenario is very specific and there may be a way around the 10 year rule, but it is just as likely that this... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Probate for Georgia on
Q: Violation of DUI probation with a MIP charge sentence?

My sister is 18 years old and in September of 2016 she got a DUI by wrecking in to a mailbox. Now, in March of 2017 while still on DUI probation she has gotten TWO MIP alcohol charges in the same month while still on probation. What type of punishment should she expect?

Kelly Case
Kelly Case answered on May 8, 2017

The judge has complete discretion at this point, but I would not be surprised if she gets the maximum jail time. With everything you have described, she should hire a very good lawyer and listen to their advice. I would tell her to get help immediately and begin either an intensive rehabilitation... Read more »

1 Answer | Asked in DUI / DWI for Georgia on
Q: What are police looking for when they are trying to find people driving drunk on freeways?
Kelly Case
Kelly Case answered on May 8, 2017

My cynical answer is money, but the reality is that there are people that drive under the influence of either drugs or alcohol when they should not. The police are looking for anyone they determine to be intoxicated (different from drunk). Generally, that is if their blood or breath alcohol level... Read more »

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: how to file a PETITION FOR MODIFICATION OF CUSTODY in the state of GA without a lawyer?

how to file a PETITION FOR MODIFICATION OF CUSTODY in the state of GA without a lawyer?

I have a temporary order in place but I would like to regain full custody of my son.

Kelly Case
Kelly Case answered on May 8, 2017

That is a good question. How do you build a rocket to go to the moon without an engineer. How do you perform surgery on yourself without a doctor? How do you cure your dog when you are not a veterinarian? All great questions, but unfortunately, it is not possible to do any of them without the... Read more »

1 Answer | Asked in Family Law and Probate for Georgia on
Q: My fathers body was exhumed without my consent. Is there anything I can do?
Kelly Case
Kelly Case answered on May 8, 2017

There is not enough information to answer your question. Under what authority was it exhumed? What was the method - court order, forensic ME request, etc. Are you the administrator of his estate? Do you have legal authority to make decisions concerning his estate? If you have the legal authority to... Read more »

2 Answers | Asked in Family Law for Georgia on
Q: Does the mother have to let the father see the children if u dont any paperwork
Kelly Case
Kelly Case answered on May 7, 2017

Unless a parent has previously had their parental rights taken away or limited by court order, each parent has the equal right to see and have possession to their child(ren). Www.JudgeCase.com

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: Divorced and I have full custody of our child do I need to inform mother when we go out of town?
Kelly Case
Kelly Case answered on May 7, 2017

Probably, but the answer will be in your final decree. If the decree is silent then as a courtesy, it doesn't hurt to let the child's mother know where you will be and always be safe and let other family members know where you are and how to reach you, in case of emergency, yours or theirs! I am... Read more »

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