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Abandonment (child)

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ministrygirl

Junior Member
Florida
I am married but have been seperated for over a year. I resided in Georgia until we seperated (not legal seperation). I brought my 11 yr old daughter with me to Florida and she resided with me up until August of this year. I lost my job and had to move so I asked her father in Ga if he would temporarily take care of her until I started my new job and moved into my new place. He was living with his mom and dada at the time at an address i was aware of. 2 weeks ago my daughter called me and told me that he moved her in with a woman he is seeing that had previously made a threat to my daughter. I asked her for the address ...she didnt know it. I asked her to put her dad on the phone and I questioned about where and WHO my daughter was living with. He finally told me he moved in with the girlfriend. I reminded him that we agreed to keep her away from our daughter and that now since he was having our daughter around this woman ...that I was going to come to Georgia to pick her up that night. He refused to tell me where my daughter was (the address) and he hung up and blocked my number and my family from calling my daughter. The next morning I called the school and they told me that I couldnt speak to my daughter because he had not put me on the contact list. So I had a detective friend of mine go to the school to make sure she was ok and to see if he could get an address. She was physically ok , but I was told that because we are still married, that we have equal rights and I couldnt pick her up from him unles I had a court order to do so. So thius past Friday before Christmas I filed for divorce here in FL and a hearing for temp custody. They told me that due to the holiday the judge wouldnt look at it until Wednesday 28th. So...today in the mail i got a hearing notice from cobb county Ga stating that my husband has filed a complaint and accused me of child abandonment. I want to know how he can do this when we have no court order for custody(as of yet) and he is keeping her from me. PLease help!
 


Proserpina

Senior Member
You need to do whatever it takes to speak with an attorney; the child has lived in GA for over 6 months so the correct place to file should be GA.

This sounds like it's going to get messy.
 

ministrygirl

Junior Member
Thank you for taking the time to read and reply

She has only been there since August. So from that time to the time I filed has been 4 months. Is there anything you can tell me to help me?
 

Proserpina

Senior Member
She has only been there since August. So from that time to the time I filed has been 4 months. Is there anything you can tell me to help me?


My mistake, I apologize.

Yes, get yourself an attorney. Seriously - Dad can file immediately to initiate proceedings in Georgia despite it only being 4 months and it may get messy.

Then you have the added bonus of his girlfriend. And the even bigger bonus of being charged with abandonment.

You NEED an attorney (perhaps two actually - one for the custody/divorce, another for the criminal charge).
 

Ohiogal

Queen Bee
My mistake, I apologize.

Yes, get yourself an attorney. Seriously - Dad can file immediately to initiate proceedings in Georgia despite it only being 4 months and it may get messy.

Then you have the added bonus of his girlfriend. And the even bigger bonus of being charged with abandonment.

You NEED an attorney (perhaps two actually - one for the custody/divorce, another for the criminal charge).
Pro, I don't think it is a criminal charge. I think dad filed a custody complaint and the reasoning was that mom abandoned the child.
Georgia does not have jurisdiction over custody unless mom voluntarily gives that state jurisdiction. Yes she does need an attorney -- one in each state quite frankly. But I am not so sure she needs a CRIMINAL attorney.
 

Proserpina

Senior Member
Pro, I don't think it is a criminal charge. I think dad filed a custody complaint and the reasoning was that mom abandoned the child.
Georgia does not have jurisdiction over custody unless mom voluntarily gives that state jurisdiction. Yes she does need an attorney -- one in each state quite frankly. But I am not so sure she needs a CRIMINAL attorney.
I'm not sure either. I don't know whether Dad filed a criminal complaint or a civil/family complaint. There are various criminal complaints he could have made. Do they have merit? I don't know that either.

Regardless, she needs an attorney.
 

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