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View Full Version : Abandonment charges file in GA


Babyzo118
Feb 1, 2012, 11:33 PM
Mi daughter mother filed abandonment charges against me for rightly respecting her wishes by not coming around, I have been supporting mi child for the past 14 months, how do I handle this in the state of Georgia

ScottGem
Feb 2, 2012, 04:01 AM
First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

In Ga a parent can file abandonment if the other parent is not supporting their child. But you claim you are. Is there a support order from Family Court? Are you up to date on those payments? If so, then you have nothing to worry about. There is no law that says you have visit your child, only that you have to support the child. So all you need to do is prove that you have been.

The kicker here is that these could be criminal charges. How did you find out about them? Were you served a warrant?

Babyzo118
Feb 2, 2012, 10:05 AM
I was mailed papers to appear in court! There is no order I did it free willingly, it only been a month that I haven't given her money!

ScottGem
Feb 2, 2012, 10:31 AM
Wrong move. Money paid without a support agreement can be considered a gift and not support. So you could be held as not providing support. So it appears you missed a month and as soon as you were late she filed.

I would suggest getting an attorney to accompany you to court. You will need to get the court to establish a support payment, then adhere to it religiously.

But you should also be seeking visitation rights. This is your daughter too and you have a right to be a part of her life. More importantly, she has a right to know her father.

Babyzo118
Feb 2, 2012, 11:11 AM
I have receipts from child care I been paying, I cnt get an attorney I have to appear in the a.m! She is married that's y we couldn't appear in family court! I've always ask for DNA test but she never agreed to it! So I paid to keep down confusion, this order only took place when mi sons mom did our daughters hair! She assured me that I would be miserable and that she really wasn't mi daughter! So she didn't need anything from me!

ScottGem
Feb 2, 2012, 12:14 PM
I don't understand this. Why would anyone provide child support with a paternity test? I can understand a husband accepting his wife's child, or maybe someone in a long term committed relationship, but why would someone having an affair with a married woman accept her word that the child is his?

Also, under GA law, you are NOT the legal father. Her husband is the legal father until and unless a court orders otherwise. So the first thing you should do is point out to the court that the husband is the presumed father so why should you even be considered for support?

The mother will be required to submit to a paternity test before anything further can be done. You should insist on that to the court.

Good luck in court and keep us posted.