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Can I file child abandonment charges?

Woodstock, GA |

I have a 4 month old child. The father left when I was 6 months pregnant and I have not heard from him since. Can I file child abandonment charges if he is not on the birth certificate?

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Attorney answers 3

Posted

Yes, you can file abandonment charges against him. You start the process by going to your county magistrate court and asking for a warrant application. If he denies being the father, he will be required at some point during the prosecution to submit to a paternity test.

Asker

Posted

How long do I have to wait to file it? Does he have to have no contact for a year?

William M. Brownell Jr.

William M. Brownell Jr.

Posted

Criminal abandonment is not a crime about "contact" with the child. It is a crime about his not supporting the child. Different courts have different criteria on the amount of time of non-support. Generally, if he hasn't given your child a reasonable amount of support over 2-3 months, he would likely be subject to a criminal warrant.

Posted

Yes you can, and should. Go to the county magistrate's court.

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Asker

Posted

In some states he has to have no contact for a year before I could file it. Is this true for Georgia too?

Glen Edward Ashman

Glen Edward Ashman

Posted

In Georgia a parent commits the crime of abandonment of a child by failing to support the child for 30 days.

Posted

If he is the father of the child you may do so. Go see a magistrate judge and make an application for a warrant.

Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
404-636-6616

Asker

Posted

Thank you. How long do I have to wait to file it?

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