[EBIlini]

The individual was sick. He notified the former spouse he could not work and could not pay child support. She indicated she understood he would pay the support as soon as he returned to work. The former spouse filed child abandoment in Cobb County. Sending notices to the individuals mothers address and his aunts address. The notice was not sent to the address the court recorded as the individuals address. The individual was not notified in a timely manner and when requested he was told the proceeding could not be re-scheduled. The individual was unable to appear. The magistrate issues an arrest warrant for child abandoment. She chose the mother and the aunt as a means of getting them to pay the child support. However, the were in the process of securing medical treatment for the individual. Is it possible to get the warrant dismissed and have the case transferred to Superior Court for review. He is in the process of paying the three months of child support he was behind, since he was released to return to work. She was ask if she needed the child needed anything and was advised by the grandmother and aunt they were available to provide for the child. She did not allow the child to visit his Dad nor did she allow him to talk to his Dad on the phone. In effect, she blocked contact with the child. When the grandmother called she did not return the telephone calls.

[JudyKayTee]

This sounds very much like homework.

My first clue is the fact that there is no question, just a statement of fact.

What is your question?

[EBIlini]

Is it possible to get the warrant dismissed in Cobb County and have the issue transferred to superior court? If so, what process needs to be followed to have the warrant dismissed?

[ScottGem]

No you can't get it transferred. It's a Family court issue. But you should be able to get the warrant dismissed. Get a note from his doctor. But he should turn himself in unless physically unable to.

If he can prove he contacted the CP, he may be able to get the while thing dismissed.

[Fr_Chuck]

No, a warrant can not just be dismissed, they will have to appear in court. And/or arrange to turn themselves in and set bail till they can appear.

If they were not working they needed to ask for the court to amend the payment till they are at work. *** just asking the other ex not to pay is not correct and even if they said yes, that does not stop child support collection from demanding the money or even make the requirement to pay go away.

I thought this was or would be in superior court, since it is criminal for non payment, not a family court issue now.

But it has to be heard at first for the warrant in the court that issued the warrant, at that appearance, they can make a motion to move the case ( if there is the ability to do it)
But the case has to be heard in the proper court,

So they need to have an attorney contact the police and arrange bail, and have them turn themselves in, and have bail arrange, so they go in, get processed for the warrant ( a couple hours) and then go out.

If they are so sick they are in the hospital, the police can take them into custody at the hospital and arrange a officer to be at the hospital.


**** You said they were unable to appear, *** they had a choice and made the wrong one, unless they were in the ER, they appear, or have an attorney appear to ask for it to be continued, or file a motion to continue.

They can not just NOT SHOW up and then not want to be arrested for non appearance

[ScottGem]

On further reflection, what I meant by getting the warrant dismissed is by turning oneself in the warrant becomes moot. An arrest warrant occurs when someone has been indicted for a crime and needs to turn themselves in to face court action. A warrant will not be dismissed unless the case is dismissed or when the subject of the warrant shows up for a court hearing or turns themselves in.

Chuck's answer is much better than mine here.

[Fr_Chuck]

And for what it is worth I am in Cobb County GA, and they take the child support warrants much more seroius than in even Fulton County, so they may actually even come looking for you at your home or work. So you need to address this quickly, on you terms, if possible