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Abandoned Wife · Mar 26, 2009, 06:25 AM

My husband just walked out on me & my 21 month son. I'm a stay-at-home mom and have been out of the work force for almost 7 years. He is threatening cut me off financially leaving me with all the household bills & responsibilities. Does this constitute abandonment & how long does he have to be gone before I can take legal action. I do not have an attorney & no means to hire one at this time.

Also, since he walked out am I at the mercy of him being able to just come & go from the house as he pleases or am I within my right to change locks or seek a restraining order?

stevetcg · Mar 26, 2009, 06:55 AM

You cannot legally change the locks. What grounds would you seek a restraining order? A restraining order will not be issued just because you don't want him to come back.

You can file for divorce and in that process request that you be granted immediate spousal support. There are a number of resources available for people in your situation. Look for a local women's group - that's always a good place to start.

What legal action do you wish to take?

Abandoned Wife · Mar 26, 2009, 07:27 AM

Originally Posted by stevetcg

You cannot legally change the locks. What grounds would you seek a restraining order? A restraining order will not be issued just because you don't want him to come back.

You can file for divorce and in that process request that you be granted immediate spousal support. There are a number of resources available for people in your situation. Look for a local women's group - thats always a good place to start.

What legal action do you wish to take?

At this point, I don't know. Does him walking out constitute abandonment since there is a child involved and how long do I have to wait to issue a warrant?

stevetcg · Mar 26, 2009, 07:32 AM

Originally Posted by Abandoned Wife

At this point, I don't know. Does him walking out constitute abandonment since there is a child involved and how long do I have to wait to issue a warrant?

A warrant for what? Abandonment is not a crime (at least what he did)(EDIT - it actually is in some cases). A warrant can be issued *by a court* if he were to leave a child unattended. Leaving the child with its other parent is not abandonment(EDIT - it can be).

I believe in GA you can use him leaving as grounds to minimize his visitation, but they aren't going to drag him into jail or back home. It is his right to leave you. He MIGHT be obligated to support you, but not until something is ordered by a court.

stevetcg · Mar 26, 2009, 07:41 AM

Ok - I've done some research... as of *right now* it does not appear to be abandonment.

If he actually cuts you off...

§ 19-10-1. Child abandonment; defenses and paternity testing; natal expenses and future support; verdicts, sentencing, and punishment

(a) A child abandoned by its father or mother shall be considered to be in a dependent condition when the father or mother does not furnish sufficient food, clothing, or shelter for the needs of the child.

... meaning he leaves you with no money - he MIGHT be guilty of abandonment. However, it may not be the case if you are given sufficient time to get a job.

stevetcg · Mar 26, 2009, 07:56 AM

And 30 days seems to be the cut off date for it to be considered abandonment.

Let me ask these questions: do you have food, clothing and shelter at the moment?

Abandoned Wife · Mar 26, 2009, 09:03 AM

Yeah, we're fine for now. I think I need to consult with an attorney. Thanks for your advice.

stevetcg · Mar 26, 2009, 09:07 AM

Originally Posted by Abandoned Wife

Yeah, we're fine for now. I think I need to consult with an attorney. Thanks for your advice.

Always good to get the court involved as soon as possible. It will aid your transition into your new life. He cannot just walk away, any more than you could had the situation been different.

He has responsibilities to your child. Incidentally, if you happened to be pregnant, he would have responsibility to you also.

Best of luck!

ScottGem · Mar 26, 2009, 09:33 AM

Originally Posted by Abandoned Wife

Yeah, we're fine for now. I think I need to consult with an attorney. Thanks for your advice.

Yes definitely. GA is a bit different with abandonment. The law that Steve cited is used to press charges against a parent that does not provide support for a child. So, if he cuts you off without any support he coiuld be found guilty of abandonment.

But the real issue here is to make everything legal and on record. So you need an attorney to help you divorce him and setup a divorce settlement to provide for you and the child.

The attorney will help you deal with the division of assets (like the home) etc.

Fr_Chuck · Mar 26, 2009, 09:41 AM

To be honest you can't "charge" him with anything, you can report this to the DA but I will be frank they won't do anything.

What you do, is file for divorce, file for child support, get a court order to force him to pay child support maybe spouse support.

The law in GA is used, ( and the only time I know it is used) is when the parent is not paying the ordered child support and still you have to go to family court with the issue first

Abandoned Wife · Mar 26, 2009, 10:11 AM

Thank you all for the information. It was helpful. I will consult with an attorney & go from there.