[FrustratedFather]

Good afternoon,

I received a child abandonment notice from The Magistrate court in Dekalb County, GA. The hearing is soon. Now to give a little background

Me and my wife separated (not through the courts in 2007) she put me out. This was the last time I was going to play the back and forth game with her so I did not return. I did pay all of the bills (ie. Rent, utilities, etc) for the next year and a half until she was able to get on her feet.
During that period I have barley seen my children and it was not for lack of trying. She will not allow mw to talk or see my kids and I will not make a secene in front of my kids in order to see them.

In 2010 she filed a child abondoment warrant against and she also filed for child support. We went to the hearing and the court ordered me to pay $$$ per mont via mail of internet and the previous abondonment hearing was cancelled. Before this happened and on numerous occasions before that I tried to work out a set amout to pay her and she decided she did not want that and wanted to proceed with the hearing. Needless to say she is receiving less that the amount I offered her on numerous occasions.

I am currently unemployed and was receiving unemployent - my unemployment check was being garnished and what was left I paid through the internet.

I then began to receive harassing phone calls re: child support. I politely responded that she needed to talk to the division of child support as I had paid the ordered amount.

A few days later I received another notice of child abondoment and now another hearing is scheduled.

My questions are as followed:

Is this a legitimate charge?
Can I ask the judge if something can be done to prevent her from filing this charge if it is not valid?
Can one abandon children that the custodial parent will not allow me to see?
What are my rights as the father with the decision making and even seeing my children?

This is very frustrating to me because now my unemployment has stopped and I am currently seeking work. Running back and forth to court every time she is upset about something is a waste of my time her time and the states money.

Thank you for any help/advice I can receive.

Frustrated Father

[JudyKayTee]

How many times did you take HER to Court in an attempt to see your children.

I don't understand how you pay her through the Internet - that does not happen in NY (where I am).

Apparently the Court feels this is a legitimate case because they scheduled it; it is up to you to demonstrate THROUGH PROOF that it is not legitimate.

Did you go back to Court when you became unemployed and request that the support be reduced?

[FrustratedFather]

I also would like to know what PROOF I need to provide? I can provide a print out showing proof of payment.

[FrustratedFather]

I would also like to know what PROOF I need to provide?

[JudyKayTee]

You need to prove that she is filing against you simply to harass you - I have no info about the situation other than what you have posted but would "guess" that you have proof of dismissal of other filings, decisions which went against her, no shows, things of that nature.

[matisse]

Wow--this is so similar to my situation in reverse. This charge is legitimate if you have not paid in over 30 days. In addition: if you have left the state it is now a felony charge. Once the warrant is issued you will remain in jail until the amount the judge orders is paid (sometimes half, sometimes the entire amount). This felony stipulates that a jail sentence of not less than 1 or more than 3 years will be rendered and you will remain there if the amount is not paid.
I have 3 other children in their 20's and they all have been able to find jobs and work very hard although they have no one else to support.
You have no excuse not to support your child(ren). You seem worried about your situation and not supprisingly hers(theirs).
Georgia is now VERY determined to collect from deadbeat parents.