Me and my husband are separated and going through a divorce and he walked out the door for someone else. We have two kids that was both born out of wedlock. We have went through child support and he turned down having them ligitimised. Does he have any rights to them and can I get him for abandoment? It has been 6 months since he saw them and he just now is paying his child support to keep from going to jail and to geet his license back. He's talking about leaving the state to keep from paying. The only reason he is talking about leaving is cause I have moved on and am dating a great guy who takes care of them. Can the guy I'm dating adopt my kids?

Both of my children were born out of wedlock. Can I file for divorce without having them included in the divorce? And just have a visitation plan drawed up?

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Originally Posted by singlemomma2010

... can the guy im dating adopt my kids?

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If he marries you and if he gets the kids' dad's consent, it would be easier.

No, this is not abandoment in GA, in GA it is for failure to pay child support. If he was not paying then you could.

In GA, merely not seeing the children and even not paying support are not reasons to take the rights from a father.
So he is going to have to sign over his rights for the adoption.

Not sure if GA allows unmarried to adopt yet, have not keep up on this, but recently they were looking for a long term relationship and looked at married for one year as that proof.

If he moves, he still has to pay, and depending on where he moves, some states like Tenessee will put him in jail faster than GA would.

No, there can not be a visit plan if there is not a custody plan. There needs to be proof of paternity ( DNA test) and a order of custody then a child support order and a visitation order.
This all goes hand and hand with the divorce in GA