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aodonaldson · Nov 2, 2010, 09:59 AM

Your Question: "Hi my husband was served with child abandonment papers I am trying to figure out what is going to happen to him basically she dictates when he can and can not see the child if she is mad she will not let him see her or when she has something to do thats when she allows or wants her to keep the child if she is sick she says no when we had a baby she want the child to come over all the time when they were in court for child support she said no the when the little girl burned her foot she said no he did not see her in the month of October but did call her for her b-day which was the 16th she had the bday party at her house so he declined the invitation just to avoid confrontation with her so when she is not mad basically we can see the child or when she wants him to buy things other than that its pretty much a no go but since he just had her in sept and not oct does he quailfy for child abondonment" since we don't have actual calender dates will that be a problem for us

smoothy · Nov 2, 2010, 10:04 AM

So... who actually has legal custody of the child?

aodonaldson · Nov 2, 2010, 10:07 AM

The mother has custody of the child

smoothy · Nov 2, 2010, 10:57 AM

Then I highly suggest you take HER to court asking for the court to award you a specific visitation schedule. If she fails to allow him to see his kids then for whatever reason... then she would be in contempt of court. And can't be playing her games.

Technically... SHE has full Custody, your husband meets his legal obligations by paying court ordered child support.

Exactly HOW can he be charged with Child abandonment if he doesn't even have custody, he can't abandon children or a child he doesn't ever have.

You can't even MAKE a father who wants nothing to do with his kids see them... they CAN make him pay child support however... I know this is not the case here... get a hold of your lawyer... I'll bet they even make a motion to have this dismissed. I would recommend trying to get custody. Don't play games with these people. Get a lawyer as a middleman. I'll bet a lot of the nonsense stops if you do.

aodonaldson · Nov 2, 2010, 11:06 AM

Thank you I will discuss this with my husband and we will try to find a reasonable priced attorney

aodonaldson · Nov 2, 2010, 05:29 PM

Hi my husband received the papers yesterday and today she sent him a text message stating the he better not forget the appointment and the little girl needs clothes and shoes if his child support is court ordered and she is still threatening to have him arrested if he doesn't get the items does he have a defense. The situation is getting out of hand where she is always threatening to have him arrested so he wants to give up his parental rights and have to pay child support only so he does not have to have a conversation with her at all the money will be taken from his check can he give up his rights before this hearing? Or at the hearing and will this pay a part in him being locked up? If it has be about 45 days since she spent the night at our house is that abondonment? HE HAS TALK TO HER ON THE 15TH OF OCTOBER IM CONFUSED OF HOW LONG DOES IT HAVE TO BE TO STATE THAT THE CHILD HAS BEEN ABANDON

Fr_Chuck · Nov 2, 2010, 05:35 PM

Please understand that abandonent is a different term in each state, in GA, it has nothing to do at all with seeing the child, he could never see the child and not be abandonment.
In GA it is merely not paying court ordered child support
And if he is just one month late she can file.

If there is not court ordered child support, he does not even owe anything.

He should have been the one taking her back to court long before, for not allowing visits. He should have a log of every time he was refused visits on the days he was allowed by court order

aodonaldson · Nov 2, 2010, 05:45 PM

The child support was through his payroll but due to his attendance for having to go back and forth to court he was laid off due to attendance so he was not working but she said she called the support office and they told her that they were behind due to a lot of layoffs in the cs office he just started working the 11th of oct so will he be arrested even if he did not have a job

ScottGem · Nov 3, 2010, 03:48 AM

First, please don't type in all caps. Second, please do type in full sentences proper punctuation so we can understand what you are saying. Your post is too rambling to fully understand.

From what I understand someone you know was paying support but was laid off because he took off too much time for court (a feeble excuse). Now he is behind on support and you are worried about his being arrested because of it.

If he keeps in contact with the court and explains the circumstances, he's unlikely to be arrested. But he will need to make up the arrears somehow.

Some more points: Please keep all your response in this thread, don't keep starting new threads with the same issue. ANY question on law NEEDS to include your general locale as laws vary. As Chuck pointed out there is no issue of child abandonment here. A few states call non-payment of support abandonment. But if he stopped paying because of a job loss, that is not going to be considered abandonment.

As Smoothy pointed out, he needs to get a court ordered visitation schedule that she will be forced to adhere to.