Child Abandonment Warrant

What is Child Abandonment?

A minor child is considered to be abandoned if during a consecutive 30-day period, its father or mother does not furnish sufficient food, clothing, or shelter for the needs of the child, leaving the child in a dependent condition. An application for a Child Abandonment Warrant will be scheduled for a probable cause hearing to determine if the minor child has been abandoned.

Child Abandonment Warrant Applications

All persons applying for a misdemeanor arrest warrant for Criminal Abandonment of a Child will be required to provide a case number for an open child support case filed with the Georgia Department of Human Services before the warrant application will be scheduled for a hearing by a judge. You may contact the Department of Human Services at:

Department of Human Services
2910 Miller Road, Suite 100
Decatur, GA 30035-4037
Phone: 1-877-423-4746
Fax: 770-593-6985

How Do I Apply For a Child Abandonment Warrant?

1. In order for someone to commit the criminal offense of child abandonment, that person must have failed to provide any of the following: food, clothing, money, medical insurance or failed to have extended visitation with a child for a thirty (30) day period.
2. If the parent whose arrest is sought lives in Georgia, the application must be filed in the county where the child lives.
3. If the parent whose arrest is sought does not live in Georgia, the applicant should seek assistance from the District Attorney’s Office and should not file a warrant application.
4. Applications must be filed in the Magistrate Court Clerk’s office from 8:00 a.m. to 5:00 p.m. weekdays (excluding county-recognized holidays).
5. State Law (O.C.G.A. §15-10-82 as amended by HB1055)sets a filing fee of $20.00 for each arrest warrant application that is filed. The fee is NON-REFUNDABLE.
6. The applicant must provide the full name, complete current address, complete date of birth, and a physical description of the person whose arrest is sought. If you are missing any of this information, you will need law enforcement assistance.
7. The applicant must fill out a separate application for each person whose arrest is
   sought.
8. Completed Pre-Warrant Applications MUST BE PRESENTED IN PERSON by the person requesting the application to the Magistrate Court of Clayton County. Application for Criminal Arrest Warrant for Child Abandonment (pdf)
9. The applicant does not have the right to see a Magistrate judge.
10. This application can only result in the arrest and detention of a person for
    committing the criminal offense of child abandonment. It cannot result in an award of money to you.
11. Employees in the Clerk’s office, employees in the Judge’s office, and the Magistrateˇjudges themselves are prohibited by state laws and regulations from providing legalˇadvice. If you have questions about your legal rights, legal remedies available toˇyou, or what legal documents to file and where to file them, you must contact anˇattorney.ˇ

After You Apply

After you have completed your application, a judge will review your application and speak with you under oath. If the judge finds cause, the matter will be set for a hearing. The court clerk will prepare a court notice and provide copies to the applicant and accused. An essential aspect of this procedure is the duty of the Court to ensure that the accused has legal notice of this hearing as stated in Georgia law. If the Court finds that there is insufficient address information or that mailed notice was returned as undeliverable, the hearing will be reset for due process upon the accused. Therefore, it is essential for applicants to provide current information regarding accused individuals.

A judge will determine whether probable cause exists to issue a criminal arrest warrant after hearing. Either party may be represented by counsel. However, parties are not required to have an attorney. The Magistrate Court does not collect money and cannot order child support.