Atlanta, GA asked in Family Law for Georgia

Q: If a mother leaves the children for 5 years and doesnt visit the children does she loose rights?

The mother and father were unwed when both children were born. The daughter was left with maternal grandmother and son left with father.

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2 Lawyer Answers
Kim Ebert
Kim Ebert
Answered
  • Lithia Springs, GA
  • Licensed in Georgia

A: My first question of a potential client is why was the daughter left with a grandparent? That's not a negative necessarily, especially if the child is in a loving, stable environment. But it will need to be answered. A parent may be charged with abandonment, under certain facts. Certainly 5 years, as a length of time, falls within the statute. Consult with an attorney as this case presents complex issues of custody and child support.

P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Fayetteville, GA
  • Licensed in Georgia

A: Not necessarily, but if she has a pending case she's going to have a difficult time arguing for custody.

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