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tinamc_79 · Jul 27, 2010, 10:34 PM

I live in Georgia, my step-sons mother moved to Rhode Island 3 years ago without telling us she moved. I found out by someone else. She has been back to visit twice in the last 3 years. I don't have an address on her and she only calls once every 2 months to talk to him. She has a court order to pay child support and she hasn't paid it in months cause child support can't even find a good address on her. Can I file abandonment charges on her?

YeloDasy · Jul 27, 2010, 10:38 PM

What good will that do you? What are you trying to accomplish?

tinamc_79 · Jul 27, 2010, 10:56 PM

Well when she did live in Georgia and she had visitation rights every other weekend she was never consistent with it. My step-son has had so many problems in the past from the way he was neglected by her and when she moved to Rhode Island all of his problems went away. If she ever did move back I don't want his problems to start all over again and for her to think it is okay just to come back and pick up where she left off. Plus it has been almost a year since I haven't received any child support.

YeloDasy · Jul 27, 2010, 11:01 PM

How old is your step son?

tinamc_79 · Jul 27, 2010, 11:04 PM

He is 11. My husband and I have raised him since he was 2.

YeloDasy · Jul 27, 2010, 11:09 PM

What does he say?

tinamc_79 · Jul 27, 2010, 11:17 PM

He never talks about his mom. I guess it is an out of sight out of mind situation.

this8384 · Jul 28, 2010, 07:12 AM

Originally Posted by tinamc_79

I live in Georgia, my step-sons mother moved to Rhode Island 3 years ago without telling us she moved. I found out by someone else. She has been back to visit twice in the last 3 years. I don't have an address on her and she only calls once every 2 months to talk to him. She has a court order to pay child support and she hasn't paid it in months cause child support can't even find a good address on her. Can I file abandonment charges on her?

There is a sticky regarding child abandonment at the top of the Family Law forum. You can read it here:
https://www.askmehelpdesk.com/family...st-364259.html

As was already asked, why do you want to go after her for abandonment(which you can't do anyway, because what she has done doesn't constitute abandonment)?

You said that all of your stepson's problems "went away" when his mother moved out of state - why do you want to bring her back into his life? Why not try adopting your stepson so that you don't have to worry about her anymore?

ScottGem · Jul 28, 2010, 07:32 AM

In GA, the term abandonment is used to refer to failure to support (see the sticky This8384 linked to). But since a court order for support already exists, you really can't file for abandonment under GA law, you simply need to push to enforce the existing order. If her SSN is known and she is working in RI, they should be able to find her job.

If you are asking whether you can have her rights terminated because of her lack of contact, there is another sticky at the top of this forum that explains why that's not likely to happen unless you are willing to adopt the child. And that appears to be solution for you. It seems you want to get her out of his life; "If she ever did move back I don't want his problems to start all over again and for her to think it is okay just to come back and pick up where she left off." Adoption will terminate her rights and responsibilities, which means support will also be terminated. But since you aren't getting any anyway, that may not be an issue.

If you don't want to adopt, you may be able to limit her visitation, if and when she moves back and wants the existing visitation order enforced.

tinamc_79 · Jul 28, 2010, 08:41 AM

Thank you Scott, your input really helped my questions. I think I am going to look into the adoption. I don't care about the child support anyway and in the long run it would be best for my son.

ScottGem · Jul 28, 2010, 09:03 AM

Originally Posted by tinamc_79

best for my son.

That speaks volumes! "MY son" says it all. Consult a Family Attorney in your area. You will need one to prepare the paperwork and they can advise you of the best way to proceed. The fly in this ointment is that the mother will have to agree to the adoption. If she refuses, its unlikely to happen. So she will need to be contacted somehow. The attorney should be able to help you there.

Good luck and let us know what happens.