Dead Beat Dad

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rscj

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I Moved to Ga from NY one year ago with my husband and 4 children. My 2 older sons ages 12 and 13 have a different father. I was never married to there father and he has not paid support in 2 years. He has not seen then in over a year. When he did see them it was only at his convenience he never kept regular visitation. My husband was going to adopt the boys when we got married because there father was out of the picture for so long but when he got notified of it of course he said no way and the judge want to give he a chance to be a real father. So then the same thing starts all over again. To Move to Ga I have to get him to agree so he signed so we went to court and he signed allowing me to move and to take boys out of state in return the boys would visit in Feb fore Winter Break and the month of June and I was to purchase tickets 3 months in advance. I tried to call him in Nov and his number was changed so I had no way of getting ahold of him. Feb came and went and I didn't hear a thing. In the mean time Support Collection has been trying to get him in court for non payment. In NY we go in front of hearing examiner for support so we had that court date and it was no show so he recommended jail time. Then adjourned for regular judge to see if actually goes to jail and for how long again no show so hand deliver a summons. Finally a letter saying dismissed because could not locate him. Then another letter saying they located him so another court date set with hearing examiner {back to square one}again no show so adjourned so they can hand deliver a summons. Lucky for me I only have to appear by phone because I live so far away. Now just yesterday I get a text message presumably from him that says I want to know what time the boys flight will be here on the 31st. Now I don't even know that that is him. It could have been his mother or sister or a friend or anybody he never identified himself. I don't recognize the number. It is only 2 weeks until the 31st. Not much notice. To top it off I don't want to send my boys to NY when no one knows where he is.

Questions - Boys do not want to go The older one is afraid of flying

He signed Paternity papers in NY but here they have legitimacy here which they do not have in NY will he have to petition the Ga court for legitimacy and could I contest if he does since he has never been a father to them

If I don't send them back will he have to pursue action in Ga or can he take action in NY

Do I have a case for abandonment since there was not contact or support for over a year
 
NY holds jurisdiction. GA matters not.

Yes, he can take action in NY.

No, this is not abandonment.
 
I do not feel comfortable sending the boy there when he does not keep a current address or phone number. It is also in the court order that if he moves he is to give me his current address and phone number and he never does. I don't know where he is and his family do not cooperate and I get worried when he has my boys because there are suppose to be able to call me when ever they want to also in the court order and one time he took battery out of my sons cell phone and told him his phone didn't work any more
 
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