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Questions Answered by Kelly Case
1 Answer | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: I have a custody evaluation that was done in Augusta, GA that I disagree with. What can I do?

The evaluator did the MCII and PAI and finds them both invalid, but takes a binder full of facebook posts my ex handed to him saying, "Yes, she made all these", and, without any attempt at independent verification, incorporates them into his attempted diagnoses as anywhere from bipolar to... Read more »

Kelly Case
Kelly Case answered on May 25, 2017

These are all questions that you should be directing to your lawyer. As the person most familiar with your case, your lawyer is the first person to go to with these types of questions. If you do not have a lawyer, then it would be a good idea to hire one . . . a very good one, right away. Without... Read more »

2 Answers | Asked in DUI / DWI, Car Accidents and Insurance Defense for Georgia on
Q: Need help

My wife's brother left his vehicle at a person's house so that a flat tire could be repaired, but found out that it had been taken by a family member under the influence of drugs and who did not inform the owner of the vehicle thus did not have consent. She then drove it ending with her... Read more »

Kelly Case
Kelly Case answered on May 25, 2017

I believe you are asking if someone who took another's vehicle without consent and was involved in a serious accident, would the owner of the vehicle be liable? If that is your question, then yes, the owner could certainly be held liable under certain circumstances. There is no "yes"... Read more »

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1 Answer | Asked in Divorce and Domestic Violence for Georgia on
Q: I am involved in a domestic abuse marriage and I need a lawyer to help me file for divorce

I can't afford a lawyer at this time.

Kelly Case
Kelly Case answered on May 25, 2017

Not sure what your questions is, but if you cannot afford a lawyer and you want to get divorced you are out of luck. There are no free lawyers just like there are no free doctors, free meals or free cars. If you need a lawyer, save money, get a loan, sell items, or do whatever it takes to hire a... Read more »

2 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Seeking first step in tolling statue of limitations

Slip and fall

Kelly Case
Kelly Case answered on May 20, 2017

File the petition before the 2 year limitation. That is the only thing that stops it. I feel as if you are trying to ask something different so I am not sure that you have asked the correct question. The only thing that stops the limitation period is filing suit, so hire your lawyer quickly and... Read more »

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2 Answers | Asked in Personal Injury for Georgia on
Q: My child got in a fight at school&damaged the other student's glasses frame.Parents are saying replace is $400 w/o

a receipt. The lens weren't broken but one side of the frames was damaged. The glasses weren't new. My child was suspended two days out of school. Can I ask that we pay for repair of the glasses or are we obligated to buy new glasses entirely?

Kelly Case
Kelly Case answered on May 20, 2017

This is a great question and unfortunately not one that has a clear answer. If you believe your child was at fault and the other child's glasses are truly broken, then yes, pay the full price, but of course, you should see some sort of estimate to replace or repair first. Asking for proof is... Read more »

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1 Answer | Asked in Constitutional Law and Criminal Law for Georgia on
Q: Is is OK for a female police officer to strip search a male inmate
Kelly Case
Kelly Case answered on May 12, 2017

I think the jail commission standards require same sex strip search. I don't know how to answer if it is "OK"> Do you mean illegal - possibly, depending on how it is charged. www.JudgeCase.com

1 Answer | Asked in Criminal Law for Georgia on
Q: Sex with a sex offender on probation?

I am a guy and have have a guy friend of mine who I have always fooled around with and had sex with. He is on parole for 16-6-22.1 - SEXUAL BATTERY Sexual Motivation. Because he is on parole, can me and him still fool around? Is it against the law for me and him to have sex? We are both over 18 and... Read more »

Kelly Case
Kelly Case answered on May 12, 2017

It depends on the conditions of his probation. Usually, for this type of offense there are limitations and he will have to notify his probation officer. If he does not, or violates the conditions, he can go to prison. www.JudgeCase.com

1 Answer | Asked in Criminal Law for Georgia on
Q: My brother this charge in October of last year and has been out on bond and he has heard nothing else from the d.a.

What should he do? Part 1 - GENERAL PROVISIONS

§ 16-11-103 - Discharge of gun or pistol near public highway; penalty

And reckless conduct. He hasn't even heard from the bondsman...

Kelly Case
Kelly Case answered on May 12, 2017

Continue to follow his conditions of bond if any, and definitely check in with the bonding company. I would not contact the prosecution. Good luck! www.JudgeCase.com

1 Answer | Asked in Criminal Law and Personal Injury for Georgia on
Q: My boyfriend was arrested on warrant for VOP and has been in jail for 50 days without ever seeing a judge. The clerk of

the court and the public defender's office both say they have not received paperwork from the probation officer, thus no court hearing and no one assigned to defend him. OCGA 42-8-154 says that a person arrested on warrant for alledged VOP, as long as he has not waived a prelim hearing and... Read more »

Kelly Case
Kelly Case answered on May 11, 2017

Talk to someone at the public defender's office about filing a writ. They are usually very helpful and resourceful folks that can help in this type of situation. Alternatively, contact the court's administrator and let that person know he has not yet been brought to court. Last resort,... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Georgia on
Q: There was a false police report made about me and I have proof. What do I do as far as pressing charges?
Kelly Case
Kelly Case answered on May 11, 2017

I am not sure what type of case you think you may have or what you would be "pressing charges" for. It is doubtful the police would do anything with this and no crime has been committed. You may have a slander claim, but those are extremely difficult to prove and bring to a jury and would... Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: How do I get my son back?

I had a son who I let go visit his father...his father is not on his birth certificate. He up and took off across the country to Wyoming with him and refuses to bring him home. There is no established custody agreement. I keep asking him to bring him home. He keeps putting it off telling me when he... Read more »

Kelly Case
Kelly Case answered on May 11, 2017

My first question is whether you have filed a police report? This is not the usual situation of the non-custodial parent keeping the child an hour or two over the visitation time frame. If your son has been taken out of the State and you have no idea of his whereabouts, this is an emergency... Read more »

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... 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... 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... 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... 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 »

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