My son and his girlfriend have lived in CO for the past 5 years. I was asked to take the kids for the summer 3 years ago. In that time they have rarely talked to either parent, the last time was Christmas they talked to dad and August of 2017 was the last time they talked to mom. The kids are now 9 1/2 and 11 1/2 and I have had total responsiblity for these kids. I have received no financial help from either of the parents. At what point is this considered abandonment where I can get custody of these 2 kids?
1 Answer from Attorneys
You don't understand what abandonment is. Under Georgia law it is the criminal offense of not paying support to the legal custodian. That crime has not occurred.
I am guessing you actually want to know if you can seek custody. No, not in Georgia.
The legal custodian lives in Colorado. You would need to pursue custody there because they have jurisdiction. Since you posted with a Georgia address this question was only seen by Georgia lawyers. We don't know Colorado law. You need to ask a Colorado lawyer what their law is and determine what to do there.
Since you can't legally put the children in school or take them to doctors since you have no custody, you are 3 years past due on acting. Either get them both to agree to temporary guardianship which you can do in Georgia or seek Colorado counsel to address custody. Otherwise the children can't go to public school and can't get medical care.