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Attorney & Mediator
Attorney & Mediator, Lawyer
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What can a person do to fight a child abandonment warrant, ...

Resolved Question:

What can a person do to fight a child abandonment warrant, especially if the person pays childsupporrt straight out of his checks and taxes(Garnished wages). He also has frequent contact with the child.
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Unfortunately your question is not very clear.

1) Do you have the warrant for child abandonment?

2) How are you related to the child?

3) What allegations have they cited for the child abandonment?

4) Who made the allegations.

Please clariy and I will try to assist, thanks.

Customer: replied 9 years ago.
He went to get his background check for his job, and they arrested hom right then and there, sighting a warrent out of Dekalb county. upon further investigation i was able to determain it to be a child abandonment warrent, but they would not tell me anymore, because i sis not have permission,ie. not his wife. when i tried to get a lawyer for him pro-bono the said the could not help persons in jail, they need to have a court date already scheduled. I was told i could get more info when he is transfered to Dekalb county jail, where the warrent was issued. However for now they have not yet transfered him from Gwinnett.I know it's his Ex, cause why would childsupport lockup a paying father?
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your reply.

In Georgia the warrant is issued when there is non-payment of support for at least a 30 day period. According to the law he has the option to agree to pay what he owes or to set up a probable cause hearing to dispute that he owes no back child support. Those are his options according to the law to fight the warrant.

Below is the law on this.

Criminal Non-Support (Abandonment Warrant)
Child abandonment is a misdemeanor offense in Georgia with a penalty of a $1,000 fine or up to 12 months in prison, when a parent has failed to provide sufficient food clothing, or shelter for the needs of the child for 30 days. (O.C.G.A sec. 19-10-1).

A warrant is applied for by the custodial parent or caretaker of the minor child through the warrant office in their county. Once the warrant is applied for, a hearing is scheduled. A judge will determine whether or not the abandonment occurred. At the hearing, the accused has the following options:

  1. The parent who has been accused of abandoning his/her child, can request a probable cause hearing.
  2. The accused parent can choose at the time of the hearing to pay child support. Upon deciding to do so, the parent is immediately paired with a caseworker for CSE who will assist with the opening a case file.
  3. If the question of parentage arises, the accused father may request a paternity DNA test. He must agree and arrange to pay for the test.


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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 9 years ago.
With me he has 3 kids and anoyhrt woman he has 1 yet this one person seems to be disatisfied with him, and this woman filing these warrents is making it hard for him to take care of his other children,will having other children of non-complaning women help him get her off his back?
Expert:  Attorney & Mediator replied 9 years ago.
1) Having other children whose mother has not complained about support, will not remove the warrant that is already in place.

2) Having other children can be a factor in reducing support to this other child if the father's income is not sufficient enough to go around for all the children. But this is something the judge decides after determining what his income is and the needs of each child in their respective household, so the reduction is not automatic.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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