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dawnie45 · Apr 22, 2011, 04:18 PM

My son in law has to go to court in gwinette county to answer abandonment charges however, there is no child support order in place this is mostly a case of a scorned woman that my daughter and her husband has done everything to satisfy this woman they have an agreement that they both signed and had noterize in which she(custodial)parent has not followed through on my daughter had the child in school paying for daycare and keeping the child 3 to 4 days out the week the mother just stop with the arrangements pull the child out of school and won't take any calls my daughter and son in law went and filed papers against her and then this letter of abandonment appear what shall they do?

ScottGem · Apr 22, 2011, 04:46 PM

I assume you are referring to Gwinette County Georgia. In Georgia they call failure to support a child as abandonment. In effect the mother is filing for child support. She may have decided that she would be better off getting court ordered support rather than a private agreement. You said your s-i-l was filing charges against her. For what? Without there being a court ordered custody or visitation agreement, I don't see any grounds for filing. The signed agreement has no legal value unless ratified by a court. Maybe she did file in retaliation for filing against her.

In any case, whatever reason she choose to file for support she was entitled to do so. Your s-i-l can show that he tried to reach a private agreement and is willing to do whatever the court orders. He should, in turn request joint legal custody and visitation rights.

dawnie45 · Apr 22, 2011, 05:02 PM

Scott he filed for legitimation and joint custody as well as visitation about 1 month ago should he have already received a letter from the court from which he filed.He received this abandonment charge in the mail today

ScottGem · Apr 22, 2011, 05:09 PM

First, if you have a follow-up question or info, please use the Answer options instead of Comments.

I don't know what the case load is, but he should follow-up. He should go to the court where he filed and show them them the letter. Ask that they combine the cases and since he filed first (assuming he did) then give his case precedence.

Fr_Chuck · Apr 22, 2011, 06:16 PM

Yes, abandonment in Georgia is merely failure to pay court ordered child support, so in court to be guilty she will have to prove she has a court order for support.

Any agreement they wrote up and signed has no legal standing in court, a notary is merely a formal witness, if the judge did not agree and sign, it, there is nothing to use and take to court.