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is this child abandoment? Georgia

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  • is this child abandoment? Georgia

    My step children have not seen there mother since august 06 she has never paid child support since the divorve was final sept 05. The children are now 14 and 16 and since the divorce a third child has turned 18. The mother doesnt call or exercise vistation nobody knows for sure where exactly she is living. Although my husband has filed with child support services to collect the child support she cant be found at one address long enough to be served.
    Also, the mother is on probation in two counties. So, our question is does this qualify as child abandoment?

  • #2
    For it to be abandonment, she would have to be the custodial parent.

    She is just a dead beat mother.

    Comment


    • #3
      Originally posted by burkes View Post
      My step children have not seen there mother since august 06 she has never paid child support since the divorve was final sept 05. The children are now 14 and 16 and since the divorce a third child has turned 18. The mother doesnt call or exercise vistation nobody knows for sure where exactly she is living. Although my husband has filed with child support services to collect the child support she cant be found at one address long enough to be served.
      Also, the mother is on probation in two counties. So, our question is does this qualify as child abandoment?
      This exerpt is from Find Law
      In Georgia, a parent who willfully and voluntarily abandons his or her dependent child is guilty of a misdemeanor. Those parents who commit that offense within Georgia and thereafter leave the State are guilty of a felony.

      I haven't found anything in the Georgia statutes about what constitutes abandonment. In Ohio it is 90 days without contact or support. Some states it is 6 months. You should check with an attorney.
      Don't listen to a word I say because ya know I've gotta be crazy to be a Brown's fan.

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      • #4
        Here's the main part of the code section dealing with chiled abandonment:

        19-10-1.
        (a) A child abandoned by its father or mother shall be considered to be in a dependent condition when the father or mother does not furnish sufficient food, clothing, or shelter for the needs of the child.
        (b) If any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, he or she shall be guilty of a misdemeanor. Moreover, if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, and leaves this state or if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, after leaving this state, he or she shall be guilty of a felony punishable by imprisonment for not less than one nor more than three years. The felony shall be reducible to a misdemeanor. Any person, upon conviction of the third offense for violating this Code section, shall be guilty of a felony and shall be imprisoned for not less than one nor more than three years, which felony shall not be reducible to a misdemeanor. The husband and wife shall be competent witnesses in such cases to testify for or against the other.
        Militant Agnostic- I don't know and you don't know either.

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        • #5
          For my information, does this apply to non custodial parents?

          Now I am curious.

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          • #6
            Originally posted by GotSmart View Post
            For my information, does this apply to non custodial parents?

            Now I am curious.
            Just stating the facts in my particular case....

            At the time my step daughter's father was given a final order for sole custody, the court declared the bio mother had abandoned the child as she did not visit or support the child for more than 90 days prior to that hearing. During the time prior to this hearing, he had primary physical custody and she had supervised visitation. In other words he was the temporary custodial parent and she was the non-custodial parent prior to the hearing.

            Does that help? (I'm on some heavy cold medicine right now)
            Don't listen to a word I say because ya know I've gotta be crazy to be a Brown's fan.

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            • #7
              Interesting.

              Not the definition I would have thought.

              It does make sense tho.

              thanks.

              Comment


              • #8
                One, I would like to know how it is possible for her to be on probation in 2 seperate counties at the same time....That is unheard of. 99 out of 100 times, probation comes with the stipulation that you don't do anything else while you are on it, or it is revoked. Secondly, if she is on probation in 2 places, and isn't living in either, it won't be long before she is in jail anyhow. And once she is caught, she will most likely have to serve the original sentences on both cases anyhow. I don't know what she did, but she could be facing significant, long term jail time. I would move on with your life. As a mother who is owed child support, and speaking for millions of others, chances are you won't get it in this situation, and it isn't always worth the headache trying. I understand that these children are owed, but sometimes it is better to just make due, know that life isn't fair, and move on for the kids' sakes. Good luck and God Bless......

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                • #9
                  Yes it is possible to be in probation in two counties at the same time. If you commit a new crime, you will violate your first probation, but that doesn't always mean your entire probated sentence will be revoked.
                  Militant Agnostic- I don't know and you don't know either.

                  Comment

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