Child Abandonment

[justncase27]

What is the name of your state (only U.S. law)? Ga

What is monetary support? What is Child abandonment? I have signed documents of when the last time I saw my daughter. Signed document of paying for child care. Signed document of making a payment of child support. I am not divorced or have a set amount of child support to pay. It was less than 30 from the last time I saw my daughter and where she spent the weekend with me before my soon to be ex-wife filed for a warrant for Child Abandonment. I do not have a lawyer. She does. Her lawyer has threatened me about jail time if I don't.... One, sign the acknowledgement of divorce papers first. Two, this is set for mediation to begin with. Will I have a court appointed lawyer for this case? Do I stand a chance in front of a judge or do I just need to do whatever I can to make her and her lawyer happy?

Help on these issues is greatly appreciated!!!! Thanks

 

[TheGeekess]

Duplicate thread.

Please close or delete this one.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Ga

What is monetary support? What is Child abandonment? I have signed documents of when the last time I saw my daughter. Signed document of paying for child care. Signed document of making a payment of child support. I am not divorced or have a set amount of child support to pay. It was less than 30 from the last time I saw my daughter and where she spent the weekend with me before my soon to be ex-wife filed for a warrant for Child Abandonment. I do not have a lawyer. She does. Her lawyer has threatened me about jail time if I don't.... One, sign the acknowledgement of divorce papers first. Two, this is set for mediation to begin with. Will I have a court appointed lawyer for this case? Do I stand a chance in front of a judge or do I just need to do whatever I can to make her and her lawyer happy?

Help on these issues is greatly appreciated!!!! Thanks

Less than 30? 30 minutes? 30 days? 30 years? 30 centuries?

As for the rest, I want you to stop and take a deep breath - maybe a couple. Your post is very difficult to follow. I want you to tell us exactly:
- what is your current situation. Separated? Legally separated?
- Are there ANY court orders in effect now? If so, what do they say?
- How long have you been apart?
- How often have you seen the child?
- Have you tried to see the child and been refused? If so, how often?
- What does the warrant for child abandonment allege? (note: simply leaving the child in Mom's care is not abandonment. If there's a warrant, it suggests a criminal charge which would be something like leaving the child in the middle of the forest in January and then going off to drink beer with your buddies)
- What papers are they asking you to sign? If it's simply receipt of their filing for divorce, it may not be a big deal. If, OTOH, they're asking you to sign an agreement on the terms of divorce, it may be a big problem. DO NOT EVER sign documents if you haven't had a chance to review them and understand them completely. If you don't understand them, you'll need to talk with an attorney - some attorneys will give you an initial consultation free.

Unfortunately, I have to leave your big question for someone else. Since custody is in question, some states will provide you with an attorney if you can't afford one. Someone else will have to answer whether that's true in your state.

 

[TheGeekess]

Less than 30? 30 minutes? 30 days? 30 years? 30 centuries?

As for the rest, I want you to stop and take a deep breath - maybe a couple. Your post is very difficult to follow. I want you to tell us exactly:
- what is your current situation. Separated? Legally separated?
- Are there ANY court orders in effect now? If so, what do they say?
- How long have you been apart?
- How often have you seen the child?
- Have you tried to see the child and been refused? If so, how often?
- What does the warrant for child abandonment allege? (note: simply leaving the child in Mom's care is not abandonment. If there's a warrant, it suggests a criminal charge which would be something like leaving the child in the middle of the forest in January and then going off to drink beer with your buddies)
- What papers are they asking you to sign? If it's simply receipt of their filing for divorce, it may not be a big deal. If, OTOH, they're asking you to sign an agreement on the terms of divorce, it may be a big problem. DO NOT EVER sign documents if you haven't had a chance to review them and understand them completely. If you don't understand them, you'll need to talk with an attorney - some attorneys will give you an initial consultation free.

Unfortunately, I have to leave your big question for someone else. Since custody is in question, some states will provide you with an attorney if you can't afford one. Someone else will have to answer whether that's true in your state.

OP has a post here that I've already answered:
<img>https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/child-abandonment-559166.html</img>

 

[mistoffolees]

OP has a post here that I've already answered:
<img>https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/child-abandonment-559166.html</img>

OP's question at the end is important. If it's a civil matter, how could he be facing jail time.

He really needs to answer the questions above. I need to see exactly what the warrant says. If it's a civil matter, there shouldn't be a warrant - and he shouldn't be facing jail time. Something doesn't add up.

 

[justncase27]

Thanks. I'll calm down!

30 days.

We are seperated. Been that way since November 2010. I'm not sure what legally seperated is but we have never been to court about anything.

She has withheld the child from me. The last time I saw her was the weekend of July 16 and 17. I have signed documents from ppl who I paid for child care on the 16 and signed document on how she spent the day with me on the 17.
Also, I made a payment of child support to her mom on August 17. I have a signed document on that too.

I have been in contact with my ex, When she has been willing to answer the phone or reply to text. She has refused to let me see my daughter. I would say I have at least tried to see her a dozen times. I'm not excactly sure on that number but at least that many.

The letters say....

She went to the Magistrate Court on August 10. She filed an application for an criminal arrest warrant for Child Abandonment. It is set for Mediation tomorrow. Doesn't really say too much more than that other than date, time, and location. Also, failure to report will result in an arrest warrant.

I hope that this is more clear.

 

[justncase27]

I can...

I will be more than happy to type out the entire letter if that helps at all!!!!

 

[mistoffolees]

30 days.

We are seperated. Been that way since November 2010. I'm not sure what legally seperated is but we have never been to court about anything.

She has withheld the child from me. The last time I saw her was the weekend of July 16 and 17. I have signed documents from ppl who I paid for child care on the 16 and signed document on how she spent the day with me on the 17.
Also, I made a payment of child support to her mom on August 17. I have a signed document on that too.

I have been in contact with my ex, When she has been willing to answer the phone or reply to text. She has refused to let me see my daughter. I would say I have at least tried to see her a dozen times. I'm not excactly sure on that number but at least that many.

The letters say....

She went to the Magistrate Court on August 10. She filed an application for an criminal arrest warrant for Child Abandonment. It is set for Mediation tomorrow. Doesn't really say too much more than that other than date, time, and location. Also, failure to report will result in an arrest warrant.

I hope that this is more clear.

OK, it's a little more clear. In Georgia, child abandonment is a criminal charge:
How to File a Child Abandonment Claim in Greene County, Georgia | eHow.com

As such, you should be able to be represented by an attorney. The judge will ask you to plead guilty or not guilty. You state 'not guilty' and ask for an attorney to be appointed. Or, you can meet with an attorney to see if you can have an attorney represent you at the hearing.

DO NOT MISS THE HEARING.

As for the rest, what papers are they asking you to sign?

 

[justncase27]

papers

divorce papers. I can only assume that they are just papers that say I understand that my ex wants a divorce.

I will def read them and make sure that I'm clear on what I'm signing.

The lawyer and her are def playing some dirty tricks. So I'm trying to be as cautious as I can be.

 

[Proserpina]

OK, it's a little more clear. In Georgia, child abandonment is a criminal charge:
How to File a Child Abandonment Claim in Greene County, Georgia | eHow.com

As such, you should be able to be represented by an attorney. The judge will ask you to plead guilty or not guilty. You state 'not guilty' and ask for an attorney to be appointed. Or, you can meet with an attorney to see if you can have an attorney represent you at the hearing.

DO NOT MISS THE HEARING.

As for the rest, what papers are they asking you to sign?

How on EARTH does this rise to criminal child abandonment?

I'm astonished!

(I know you're not saying that it does, misto - I'm just baffled as to what the flying heck Mom thinks she's doing)

 

[justncase27]

Only Idea...

The only answer I can come up with is scare tactics. Her lawyer scared her by telling her I could take the child from her. Same thing she is doing to me. I know that is true and almost can't blame her for being afraid of that. Although she knows I could never do that to my daughter. She needs her mom.

Also, all of this is just a means to an end. Her lawyer is doing whatever he can to get me to except service of the divorce paper work. I mean thats his job. Yes I do think he could do a better job at it other than playing dirty by using my daughter against me and using scare tactics on my ex as well as my self!

 

[mistoffolees]

divorce papers. I can only assume that they are just papers that say I understand that my ex wants a divorce.

I will def read them and make sure that I'm clear on what I'm signing.

The lawyer and her are def playing some dirty tricks. So I'm trying to be as cautious as I can be.

PLEASE make sure not to sign anything you don't understand. Meet with an attorney if you're not 100% sure.

I really doubt that they are "just papers that say I understand that my ex wants a divorce" - although reading further, they could be. It sounds like Mom is simply trying to serve you with papers to start the divorce process. If that's what it is, it's absolutely not worth making an issue of it.

How on EARTH does this rise to criminal child abandonment?

I'm astonished!

(I know you're not saying that it does, misto - I'm just baffled as to what the flying heck Mom thinks she's doing)

I think Mom is opening a can of worms. Clearly, I don't see anything that suggests criminal abandonment, but Mom is, of course, free to file anything she wants. (of course, that assumes we have the whole story).

I really hope OP can get an attorney who will sweep the floor with Mom and her attorney.

The only answer I can come up with is scare tactics. Her lawyer scared her by telling her I could take the child from her. Same thing she is doing to me. I know that is true and almost can't blame her for being afraid of that. Although she knows I could never do that to my daughter. She needs her mom.

Also, all of this is just a means to an end. Her lawyer is doing whatever he can to get me to except service of the divorce paper work. I mean thats his job. Yes I do think he could do a better job at it other than playing dirty by using my daughter against me and using scare tactics on my ex as well as my self!

If this is all about accepting service, then it's a waste of time on everyone's part. Accepting service doesn't mean that you agree or anything. It simply means that Mom has filed for divorce and gave you notice of that.

Now, you're going to want to keep track of EVERYTHING that happens. Get a notebook and write down everything. Every phone call from Mom and what you discussed. Copies of every document you receive. If this really does turn out to be Mom and her attorney trying to bully you, then they could both get into a lot of trouble. In particular, you'll want to talk with your attorney (or look up) alienation. It sounds like Mom is building a good case against herself of her alienating you from the child - which could ultimately work in your favor for custody.

 

[justncase27]

Thanks So Much!!

All of your answers have been really helpful. I am doing what I can. I have had a notebook since we split but its more of actions that have happened and receits kept. Not so much what we talked about on the phone or texts. I will focus on that more in the future. I will look up Alienation.

Again... Thank all of you so much for your assistance. I have a lot more clearity on this!!!

 

[Alex1176]

I would advise you to keep all your contacts with her side in writing. Emails, letters, SMS, no phone calls, unless they LEGALLY recorded.
I was in a very hot separation, and her side tried to bully me. I insisted that all the contacts will be in writing, and (surprise surprise!) they stopped the bulling and we start to talk real business without crap.