My husband and I are separated. I moved back to TN to get a job, a place to live and start over. I told my husband upon leaving that I was coming back in 6 weeks to get the kids. That would give me the time to get myself together and be in a place to take care of them. I did not abandon them, I left them with there father to care for them. Now he has filed child abandonment charges against me. Is this something he can legally do in the state of GA? We live in Gwinnett county. Not sure if that makes a difference or not. I am trying to find out exactly what the laws are.

1. he can not file any criminal charges, he can ask the DA, so I will assume this is not criminal abandoment. This happens only if you leave them in walmart parking lot and drives off.

2. He can file civil court to gain custody of the kids, since you went off leaving them without any agreement.
a. so they are going to lie about your telling them that you were coming back.

What type of child custody agreement do you have now, and in what state is it at.

We did have an agreement that I would be back at the end of the month, once they finished school to get them. My kids will not lie about that. They want to be with me.

We don't have a custody agreement yet because we haven't been to court. He is living in GA and I am in TN

If there is no agreement, and the kids are in GA, he can file to stop you from taking them out of state. And yes filing that you deserted them by moving away is the first step.

At this point, you left, he is raising the kids and will file for full custoy most likely.

You will need a good GA attorney