I have a two year old son. His father was in jail when he was born and a month after he got out he came from Florida to see him in Georgia, where we still live. I did not put his father on his birth certificate, and the time his father saw him when he was five months old was the first and last time. I have not spoke to him in over a year. He still lives in Florida and he doesn't have any rights to my son, but I was thinking of filing abandonment charges. I know he doesn't have any rights now but I don't want him to ever have that possibility. I know it sounds a little harsh but he still deals and does drugs and just 6 months ago I saw he went back to jail for possession. Do I even need to file charges or is this good enough as it stands? I am not concerned with collecting child support, and I don't want to send him back to jail...

First why do you think he does not have any rights, of course he does, he just has not went to court to enforce or get a court order for them.

Next Abandonment in Georgia, is failure to pay court ordered child support, so how do you plan to file that, if there is no court ordered child support.

Next abandonment does not take any rights away from the father so all you do there is cause him legal issues and really just make him mad and most likely make him feel like trying to enforce those rights he has.

Well that is why I said he has no rights, because he hasn't filed. And I was told by someone at the court house that I would have to file charges in the state in which he lives, which is Florida. From what I was told and what I have read, Florida will strip all parental rights for this type of situation. But, I think you are right that if I push the issue he will just get mad and out of spite want rights. Which would be silly for him because he doesn't work and he would go to jail for not paying child support.

Also, when I get married my husband will want to adopt my son. And again, I'm afraid he will not sign rights over just out of spite!

Also, when I get married my husband will want to adopt my son. And again, I'm afraid he will not sign rights over just out of spite!

First, you can't file for abandonment. Except in a very few states (though GA is one), abandonment is a means to an end, not something you file for. Even in GA, it's a means to an end (getting support).

So what you really want is a termination of rights. And courts are very reluctant to do so (even in FL) Generally they will not do so in a case like yours. They will simply say that he is not exercising his rights (not that he doesn't have any) so why bother.

When you remarry and are ready to go for a step parent adoption, THEN you revisit this. If you can prove he has made no attempt to see or support his child. I doubt if a court will let him stand in the way of a step parent adoption.