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angellove1984 · Feb 14, 2008, 09:48 AM

:confused:

My husband and I split up over a year ago. I haven't heard from him or seen him in 7 months. He hasn't helped out with his son in the year we've been split up or gave a dime to help out. Is this considered child abandonment and how do I go about filing for it? If anyone might can help please let me know!

George_1950 · Feb 14, 2008, 09:54 AM

What state? Are you trying to collect child support?

angellove1984 · Feb 14, 2008, 10:14 AM

Georgia! I was trying to, haven't got around to it again.

talaniman · Feb 14, 2008, 10:30 AM

The abandonment issue doesn't have anything to do with filing for child support, your child has a right to that.

angellove1984 · Feb 14, 2008, 10:33 AM

I really don't want child support from my soon to be ex. I just want him out of my child's life like he has already done, but just peremant. I can't find a cheap lawyer and don't know how to do the child abandonment. Looking for any advise and answers.

talaniman · Feb 14, 2008, 11:36 AM

Look for a lawyer, with free consultation. If he is a soon to be ex, I would imagine its not abandonment yet whether he supports his child or not.

George_1950 · Feb 14, 2008, 11:41 AM

Child abandonment in Georgia; what does it mean? The criminal side, "Criminal Non-Support (Abandonment Warrant) Child abandonment is a misdemeanor offense in Georgia with a penalty of a $1,000 fine or up to 12 months in prison, when a parent has failed to provide sufficient food clothing, or shelter for the needs of the child for 30 days. (O.C.G.A sec. 19-10-1)."
Abandonment is a theory of terminating a parent's rights, usually within the context of adoption.

wnk_1001 · Feb 18, 2008, 06:18 AM

Abandonment is when the child is left alone.

a l · Feb 20, 2008, 06:39 PM

First let me say that I empathize with you. I felt the same way for three years, but have recently decided I have little to lose by seeking a court order for support. If I even get the minimum of $75/mth until my child is 18, that is still about $16,000 I could have put aside in a 529 education plan or on a Gerber Life Insurance Plan. Even if the father doesn’t pay and you don’t choose to prosecute now, your child could still ask you to file for arrears when s/he is older and understands the situation. Since you were married, I am guessing the father’s name is on the birth certificate, so he will always be a part of your child’s life in that respect.

From what I have read, Georgia does not like to leave a child without a legal father unless the individual is clearly unfit. That said, unless someone is lined up to adopt, getting his parental rights terminated for abandonment is not likely. Also note from the Georgia Code 19-10-1 (e) Upon the trial of an accused father or mother under this Code section, it shall be no defense that the accused father or mother has never supported the child.

Now, if you do decide to go for child support, do that before you pursue abandonment. My understanding is that if you pursue abandonment first, then you would have to sign a warrant if he is served and does not show up in court. Then, you have to wait for him to actually be arrested and you still won’t get support while he is in jail (or any other satisfaction). On the other hand, with a child support order, if you don’t know where he is, the state should help you locate him. If you do know where he is and he is served and doesn’t show up in court, the court should set the amount. Once you have that court order for support in hand, the ball is in your court on whether you decide to collect. If he does show up in court, there is a chance that an amenable solution can be reached (maybe he would even volunteer to sign away his rights). Of course, if he shows up in court and decides he wants visitation just to spite you, then you might have to comply (but could insist on supervised visitation given his track record) – but it doesn’t seem that he is interested in visitation anyway. I believe you can file for child support online for $25.

Another thought comes to mind – why abandonment versus sole legal and physical custody (again, only after you get the court ordered child support for future consideration?)

As you can tell, I have thought and read a bit about this, but I would support the other comment that you should seek a lawyer with free consultation – but this should give you a nice list of questions to ask during the consultation. Many counties offer free services through Family Law Information Centers (here is link for Dekalb County, Georgia Family Law Information Center.

Best of Luck to you!