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IF A FATHER IS CHARGED WITH CHILD ABANDONMENT BUT THE CHILDREN

Customer Question
WERE TAKEN OUT OF STATE...
iF A FATHER IS CHARGED WITH CHILD ABANDONMENT BUT THE CHILDREN WERE TAKEN OUT OF STATE TO LIVE, WILL THIS STAND IN COURT IN THE STATE WHERE THE FATHER LIVES?
Submitted: 1 year ago.Category: Family Law
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5/12/2016
Family Lawyer: FamilyAnswer, Lawyer replied 1 year ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Good afternoon. Who were the children taken by?
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Customer reply replied 1 year ago
the mother and sent to their grandmother
Family Lawyer: FamilyAnswer, Lawyer replied 1 year ago
Thank you. 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). In this situation, there is no intent and your actions are not voluntary. As you shared, it was the MOTHER who took the child out of State, against your wishes and placed them with the grandmother. It would be hard for the State to proceed when this was a result of the actions of the mother and through no fault of your own. It is not as though you had possession of the child or custody. This is a situation where the mother has kept the child away from you, intentionally.
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Family Lawyer: FamilyAnswer, Lawyer replied 1 year ago
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