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Ijustneedtoknow · Jun 10, 2011, 02:09 PM

I filed for child support for my three month baby, two months ago. There has not been a support order yet, but he has been served. He has not given me any money since my baby has been born. Can I file a child abandonment against him in Douglas County, GA? Or, do I have wait until there is an order of support?

cdad · Jun 10, 2011, 02:31 PM

Wait for the order and when you go to court mention it and they can issue a judgement for arrears.

Fr_Chuck · Jun 10, 2011, 06:34 PM

Hello neighbor,

You have to wait till there is a court order, until there is a order he does not owe you a penny yet.

After the court order is in effect, normally Douglas County will look for him to be about 3 months behind to file.

Iknowme · Aug 10, 2011, 12:45 AM

No, you do not have to wait for a child support order to be put into effect. Your child still has needs. Anything over 30 days is abandonment. The judge is going to ask you is there an order and that just makes the noncustodial looks worse, but if not, then of course the non custodial still has obligations!

ScottGem · Aug 10, 2011, 03:02 AM

Originally Posted by Iknowme

No, you do not have to wait for a child support order to be put into effect. Your child still has needs. Anything over 30 days is abandonment. The judge is going to ask you is there an order and that just makes the noncustodial looks worse, but if not, then of course the non custodial still has obligations!!

Can you cite the law that supports this? It is my understanding that when there is already pending litigation for support, the prosecutor will probably decline to prosecute.

GV70 · Aug 10, 2011, 10:08 AM

Originally Posted by Iknowme

No, you do not have to wait for a child support order to be put into effect. Your child still has needs. Anything over 30 days is abandonment. The judge is going to ask you is there an order and that just makes the noncustodial looks worse, but if not, then of course the non custodial still has obligations!!

LOL-it makes me laugh!
"Father' defined by Georgia code means:
§ 19-7-21.1
(a) As used in this Code section, the term:

(1) "Acknowledgment of legitimation" means a written statement contained in a voluntary acknowledgment of paternity form indicating that a mother and father of a child born out of wedlock have freely agreed and consented that the child may be legitimated.

(2) "Legal father" means a male who:

(A) Has legally adopted a child;

(B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter;

(C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of this chapter;

(D) Has been determined to be the father by a final paternity order pursuant to Article 3 of this chapter;

(E) Has legitimated the child by a final order pursuant to Code Section 19-7-22; or

(F) Has legitimated a child pursuant to this Code section

blckjewlll · Nov 5, 2011, 04:06 PM

It appears as though there are lots of DADs that are evading the needs of their children on this site. Well I have personally served five child abandonment warrants on my children's dad and as a somewhat expert, please hear this. If he has not paid support, as in money, to you for a period of 30 days or more- he is guilty of child abandonment according to Georgia law. This is whether he is working or not, disabled or not, in the hospital, any circumstances. Then in some counties such as Douglas there is no hearing and he is automatically arrested and sent for hearing in a jail jumpsuit. Then he must bond out by paying 2000$ which goes directly to your child support accounty or to you if you do not have an order. I hope this helps some mom/ dads and maybe some day all Georgia counties will lock up child abandoners on the spot as well. :)

AK lawyer · Nov 5, 2011, 04:14 PM

Originally Posted by blckjewlll

...Then in some counties such as Douglas there is no hearing and ... I hope this helps some mom/ dads and maybe some day all Georgia counties will lock up child abandoners on the spot as well. :)

Due process is such a nuisance, isn't it? :cool:

cdad · Nov 5, 2011, 04:25 PM

Originally Posted by blckjewlll

It appears as though there are lots of DADs that are evading the needs of their children on this site. Well I have personally served five child abandonment warrants on my children's dad and as a somewhat expert, please hear this. If he has not paid support, as in money, to you for a period of 30 days or more- he is guilty of child abandonment according to georgia law. This is whether he is working or not, disabled or not, in the hospital, any circumstances. Then in some counties such as Douglas there is no hearing and he is automatically arrested and sent for hearing in a jail jumpsuit. Then he must bond out by paying 2000$ which goes directly to your child support accounty or to you if you do not have an order. I hope this helps some mom/ dads and maybe some day all Georgia counties will lock up child abandoners on the spot as well. :)

Do you have a quote of that law that proves out a 30 period. That is an extremely short period.

blckjewlll · Nov 5, 2011, 04:32 PM

But to answer your question, You go to the warrans division of your county. In Douglas County it is located at the Douglas county court house. I believe its on Hospital Drive. The bailiff at the front will direct you as to which floor it is on. I think you need proof of residency, and the non custodial parent must be behind at least thirty days. Call this number for more information. 770-920-7259

blckjewlll · Nov 5, 2011, 04:44 PM

I don't really have to site any code. Just tell it to the judge. If you call the warrants division telephone number during their normal hours of operation they will confim this. Now if a father does have a valid reason for non payment the judge may hear them out and not convict them of abandonment. But its always better to send the custodial parent something. You can send not just money. It could be food, diapers, use of your skill, babysitting so the mother can work, or just be there in support for the mother. And if you see your kids these things are never avoidable. Just keep a record of what you do when you do provide for your kids. Its just such a burden on the parent when they are doing it all alone plus supporting the child alone as well. Good luck to all the fathers that are trying. Mine didn't see the kids for six months before I filed for abandonment. So I don't recommend that mothers do this every chance they get. It will exhaust the courts and possibly not end up in your favor as well. But most moms would go for dads just being around over money any day. After all, the kids just need you more than any amount of money. :) So good luck on both sides.

ScottGem · Nov 5, 2011, 05:08 PM

Originally Posted by blckjewlll

I don't really have to site any code. .

Actually you do. In the law forums, you have to be able to cite statutory law to back up your claims.

However, what you are saying is up to the county. In GA Child abandonment is a misdemeanor under § 19-10-1. As such a father can be arrested if a complaint is filed. The county court can require a bond for release and can use that bond as they see fit.

But a bond is simply to ensure the parent shows up for trial. If they do, the bond is supposed to be returned. And the trial could find the parent innocent.