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momofxa · Jun 5, 2010, 02:08 PM

I live in Georgia. I was given custody of my great nephew in December for a period of two years with the mother (my niece) having visitation privileges. She visited her son one time in early January and then "disappeared" with no contact information left behind. I got a phone call from her yesterday saying she would call me back and would like to see him. I was told shortly after the court hearing bythe county DA that I would be eligible to have her parental rights terminated at a late date. Has child abandonment occurred since she has violated the terms of the agreement? No contact for 5 months? She will be eligible to get him back at the end of the two years if she can prove she has stable housing and a job for a minimum of 6 months and that she has maintained contact for the two years. I'm going to see a lawyer thisweek if I can get an appointment.

JudyKayTee · Jun 5, 2010, 02:17 PM

The DA who gave you that advice is the person to ask. By all means, yes, get an Attorney.

I don't see abandonment here - but if the DA said it's a possibility it has to be contained in the Court's findings. Do you have a copy?

It sounds like she has not met the Court's conditions.

ScottGem · Jun 5, 2010, 02:26 PM

This is not abandonment unless she was required to provide child support and hasn't.

However, it could be a violation of the terms of the custody agreement. We can't tell since we don't know what the agreement stated.

However, I would be very surprised if the courts terminated her rights over this. I'm making an assumption here, but I'm assuming the niece was very young when she had the child. She was probably not prepared to deal with a child at the time. She may have matured in the ensuing period and may now be more prepared to take on a maternal role. I believe this is how the courts will look at any attempt you make to block her from seeing the child or trying to terminate her rights.