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-   -   How do I counter act said child abandonment charges? (https://www.askmehelpdesk.com/showthread.php?t=555382)

  • Feb 17, 2011, 05:11 PM
    twade65
    How do I counter act said child abandonment charges?
    Me and my ex girl friend split up about three weeks ago and she continuously kept calling ad texting and leaving me voicemails so I did what the police officer said and had my numbers changed I am living in ga, and now she is trying to get me for child abandonment how is that possible because me and her split up she won't let me see my son when I want to some one please help me out.
  • Feb 17, 2011, 05:13 PM
    jenniepepsi

    She can't get you for chidl abandonment. Chld abandonment is a completely unrelated charge. Having to do with a caregiver leaving a chlid alone in a dangerous or neglectful situation. She can take you to court for child support, and you can fight her for visitation rights. But not chid abandonment
  • Feb 17, 2011, 05:22 PM
    twade65
    Are you 110% possitive because I'm really stressing out can you explain how that is not possible?
  • Feb 17, 2011, 05:24 PM
    twade65
    Comment on jenniepepsi's post
    Are you 110% possitive because I am really stressed out can you explain to me the reason why she can't do that?
  • Feb 17, 2011, 06:16 PM
    ScottGem

    Jennie would be right in almost any state but Georgia. Unfortunately, for GA her advice was wrong. In GA they call failure to support, child abandonment.

    If you are not supporting your child, then you are guilty of child abandonment. In GA its just another way of saying you have to pay support.

    Now if you had posted this question in this forum (I moved it from the Children forum), you would have gotten people more knowledgeable.

    The bottom line here is you need to go to court. You need to establish custody, visitation and support.

    Edit, if you have a follow-up question or info please use the Answer options at the bottom of the page, not the Comments.
  • Feb 17, 2011, 06:21 PM
    Fr_Chuck

    Correct in GA, abandonment is not paying court ordered child support, so unless there is a court order, you have not abandonment as a issue.

    Also even in cases where it may be illegal, it will normally take more than a few weeks of no contact to be a issue.

    So you need to start court action, this will stop any lies or claims she is trying to make, You need to file for either joint custody or visitation of the child. You will need to file for payment of proper child support, according to GA law.
  • Feb 17, 2011, 06:38 PM
    twade65
    OK now she hasn't served me with child support papers yet because I haven't received any papers stating that I owe for child support so as of now I have to go before the magistrate court so what do I do?
  • Feb 17, 2011, 06:54 PM
    Fr_Chuck

    "as of now I have to go before the magistrate court "?

    What for, why are you going to court ?

    And you can file for visits and present a parenting plan with child support, you don't wait for her to do this,

    You file for your visits NOW, don't wait on her
  • Feb 17, 2011, 07:20 PM
    twade65
    Does any one else have any more views on the subject at hand I'm very curious.

    My ex hasn't served me with child support papers yet because I haven't received any papers stating that I owe for child support so as of now I have to go before the magistrate court for me and my ex girl friend because we split up about three weeks ago and she continuously kept calling ad texting and leaving me voicemails so I did what the police officer said and had my numbers changed I am living in ga, and now she is trying to get me for child abandonment how is that possible because me and her split up she won't let me see my son when I want to some one please help me out.
  • Feb 17, 2011, 07:22 PM
    twade65
    All I'm trying to figure out is why do I have to go to court for something that serious please any one help me out.
  • Feb 17, 2011, 07:54 PM
    twade65
    Can no one give me a straight forward answer??
  • Feb 17, 2011, 07:58 PM
    Fr_Chuck

    You are not telling us something or leaving something out.


    First why are you going to court ? Did you get served a summons to appear for a criminal hearing ? If so what is the actual charge, since it cannot be abandonment,

    You are not giving us enough info to give you an answer.

    This can not be for abandonment in Ga, plain and simple,
    So why are you going to court, what is the summons for that is ordering you to court
  • Feb 17, 2011, 08:02 PM
    GV70
    Quote:

    Originally Posted by Fr_Chuck View Post
    So why are you going to court, what is the summons for that is ordering you to court

    That's the question!!
  • Feb 17, 2011, 08:05 PM
    Fr_Chuck

    OK, missed this, he has to go to Magistrate Court, in GA that is small claims court, so his ex is suing him in small claims court for some money she would claim he owes her, This would have nothing to be most likely with the child or child support. ** In fact it can't, since that is not what this court does in GA.
  • Feb 17, 2011, 08:06 PM
    twade65
    Its not a summons its just a piece of paper stating that I have to go to court if not then I will get a bench warrant its just an application for court so I don't know what is acctually going on
  • Feb 17, 2011, 08:11 PM
    twade65
    It's a criminal arrest warrant application hearing what does that mean?
  • Feb 17, 2011, 08:12 PM
    Fr_Chuck

    She is suing you in small claims court for some amount of money she claims you owe her. ** well not actually suing since if you were actually sued, you would have been "served" and it would be a summons to appear, not some piece of paper.

    Who gave you this "sheet of paper" what county in GA this is this,

    And unless she is listed, it could even be from someone else that you owe money to.

    Magistrate Court is for any claim under 15,000 dollars and is just small claims court. This has nothing to do at all, with child support, child custody or abandonment.

    Does she believe you left with money in the bank that was hers or something
  • Feb 17, 2011, 08:55 PM
    jenniepepsi

    Thank you guys for correcting me. I did not realise the OP was in GA. Thank you again. OP I hope you find the answers you need with these other gentlemen who are much more knowledgeable in other states other than my own :P
  • Feb 18, 2011, 04:45 AM
    ScottGem
    Quote:

    Originally Posted by twade65 View Post
    does any one else have any more views on the subject at hand im very curious.

    my ex hasnt served me with child support papers yet because i havent recieved any papers stating that i owe for child support so as of now i have to go before the magistrate court for me and my ex girl friend because we split up about three weeks ago and she continuously kept calling ad texting and leaving me voicemails so i did what the police officer said and had my numbers changed i am living in ga, and now she is trying to get me for child abandonment how is that possible because me and her split up she won't let me see my son when i want to some one please help me out.

    We've amswered you on the issue of child abandonment. We also answered you on the issue of visitation.

    Quote:

    Originally Posted by twade65 View Post
    all im tryin to figure out is why do i have to go to court for some thing that serious please any one help me out.

    You have to go to court because this is an issue of law. Custody, support, visitation have to be ordered by a court otherwise they are meaningless.

    Quote:

    Originally Posted by twade65 View Post
    can no one give me a straight forward answer??????

    We have given you the most straight forward answers we can. Until you have some actual facts we can't help further. If you received a "piece of paper" that says you have to go to court, then there should be info on it about what court and a docket #. You can go to the court and find out what the hearing is about. If this info isn't included then it may be phony. But you can only know by going to the court and asking.
  • Feb 18, 2011, 07:21 AM
    AK lawyer
    Quote:

    Originally Posted by twade65 View Post
    ... so i ... had my numbers changed

    ...
    she won't let me see my son when i want to ...

    If you have made it impossible for her to contact you, it is somewhat reasonable that you are not able to see your son when you want to.

    Do you expect to be able to just walk in, any time of the day or night, without notice, and see him whenever you want to?

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