You need to get a divorce. In addition you can seek a warrant for his arrest for abandonment, which is a criminal charge. To seek the warrant you must go to the magistrate in the county where you live. Please feel free to give my office a call if you need further assistance.
Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
You can pursue an abandonment warrant at any time to collect child support. However, that will not change your name or your son's name. You should consider filing for divorce. You may be able to reach a settlement that satisfies your needs and gives you what you want.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.
Although filing for an abandonment warrant is something you may certainly pursue, involving criminal issues along with an imminent divorce only makes the situation worse. You may file for divorce on the grounds of desertion (or any other grounds) and still get an order providing for child support. You may also request a name change pursuant to the divorce, but whether the child's last name gets changed is based on the facts and whether it would be in the child's best interest. If by some chance your husband decides to be involved in the child's life, a nasty history between the two of you would only hurt your child in the long run. It would serve you well to speak with a family law attorney in your area to figure out the best steps to take in your case. Good luck!
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