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-   -   Mother deceased, father has had no contact with children. What to do? (https://www.askmehelpdesk.com/showthread.php?t=610582)

  • Nov 8, 2011, 04:14 PM
    Upnarms
    Mother deceased, father has had no contact with children. What to do?
    My sister passed away and left behind 4 minor children and a "spouse". He left the children unattended(in Georgia)and has not contacted them for almost a month. Is this considered abandonment and what would be the proper recourse? I would like to get guardianship but I don't know where he is and he is not responding to phone calls. He has never held down a job nor support the children financially. He has mental, drug, and alcohol issues. What can I do legally to stabilize the children and begin the process of dealing with the loss of their mom?
  • Nov 8, 2011, 04:22 PM
    cdad
    First off you need to seek guardianship of the children through the courts so you not only have a legal tie to them for their protection but also for medical reasons. You need to contact your local court and ask what they are going to need. For some its just a matter of filing papers. For others it may involve a FOC (frind of the court) who is suppose to look after the children's interest. Either way you need to do this right away. Sorry for the loss of your sister and thank you for being there for the children in their hour of need.
  • Nov 10, 2011, 01:19 AM
    Upnarms
    Califdadof3, thanks for your response. I have begun the process of obtaining guardianship. So that's one step in the right direction... I feel like I've no direction at all! Another question... Anyone know what I can do if he receives insurance or retirement funds and "forgets" about the needs of the children?
  • Nov 10, 2011, 04:28 AM
    ScottGem
    Georgia is one of the few states that criminalize non support of your children. If a parent fails to support their children, they can be prosecuted for abandonment. But I doubt if they would break it out as to what income the parent receives.

    Once you obtain guardianship, you can petition a court for an award of child support. If he does not pay that support, then you can pursue criminal charges. Or if his is failing now to provide ANY support you can pursue criminal charges.

    You indicate the children were left unattended. What are the ages and for how long were they left?

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