Pressing Harassment Charges Against Non-Custodial Parents

My question involves a child custody case from the State of: Georgia

First off, please allow me to apologize if this is in the wrong sub-forum. However, it involves children, custody orders, and non-custodial biological parent issues... so I am not sure where it belongs.

We have complete full legal custody of two young children (3ys and 3mos), and no where in the court papers does it state we have to allow the biological parents any contact with the children. While their rights have NOT been terminated, there are no court orders in place for visits, updates, or any contact. The court originally allowed the mother to work a case plan, and she not only failed to complete the case plan, but she flat out refused to do it. During the involvement of social services with the oldest, mom had the opportunity for nearly 50 visits at the states visitation center. She made 4, and cut two of those short. The only thing she followed through with on her case plan was a psychological exam. She refused to do the parenting classes and counseling required, she refused to maintain contact with the oldest, and she skipped numerous court hearings, including the final three the last one in which we were awarded full legal custody. With the youngest, the was placed with us immediately at birth as the mom told social services she had no intentions of working a case plan, didn't want to even be offered a plan, and she wanted the baby placed with sibling. The biological father is unknown, but the presumed father is her husband, and a convicted sex offender (charged filed and convicted of after she married him).

The court said after contacting them about this that it was at our sole discretion whether or not to allow any of the above. The actions of the biological mother (proven, witnessed, and in writing), we have deemed it is safer for the children if there is no contact. Despite asking her numerous times to stop contacting us and letting her know we are considering pressing charges for harassment, she continues on. Her actions have included but are not limited to: Moving to strike one of the children during a visit (witnessed by others not living in our household), cursing at the same said child (once again witnessed by others), postings on FB that what she'd like to do to our family would land her in jail, her sister posting things along the same lines (screen shots have been taken of both and printed), our home mysteriously being broken into and only the childrens items destroyed, calling all hours of the night, and numerous other behaviors. We truly believe she is not only an emotional danger to the children, but a physical one as well. She was told of the courts decision regarding contact and information, she was informed of our request for no contact in writing twice and verbally once. So she's well aware we wish for no contact and yet continues on.

Are we within our legal rights to press charges, and if so, what do we need to do to get this started?

How much of this have you reported to the police, and what was the result of the police investigation(s)? Unless and until the police are aware of alleged misconduct, they can neither act on it nor refer the matter to a prosecutor for charges.

If you have been making police reports and the police have not referred the matter for possible charges, you can ask the investigating officer why that has not happened.

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Quoting AnotherGAFamily

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My question involves a child custody case from the State of: Georgia

First off, please allow me to apologize if this is in the wrong sub-forum. However, it involves children, custody orders, and non-custodial biological parent issues... so I am not sure where it belongs.

We have complete full legal custody of two young children (3ys and 3mos), and no where in the court papers does it state we have to allow the biological parents any contact with the children. While their rights have NOT been terminated, there are no court orders in place for visits, updates, or any contact. The court originally allowed the mother to work a case plan, and she not only failed to complete the case plan, but she flat out refused to do it. During the involvement of social services with the oldest, mom had the opportunity for nearly 50 visits at the states visitation center. She made 4, and cut two of those short. The only thing she followed through with on her case plan was a psychological exam. She refused to do the parenting classes and counseling required, she refused to maintain contact with the oldest, and she skipped numerous court hearings, including the final three the last one in which we were awarded full legal custody. With the youngest, the was placed with us immediately at birth as the mom told social services she had no intentions of working a case plan, didn't want to even be offered a plan, and she wanted the baby placed with sibling. The biological father is unknown, but the presumed father is her husband, and a convicted sex offender (charged filed and convicted of after she married him).

The court said after contacting them about this that it was at our sole discretion whether or not to allow any of the above. The actions of the biological mother (proven, witnessed, and in writing), we have deemed it is safer for the children if there is no contact. Despite asking her numerous times to stop contacting us and letting her know we are considering pressing charges for harassment, she continues on. Her actions have included but are not limited to: Moving to strike one of the children during a visit (witnessed by others not living in our household), cursing at the same said child (once again witnessed by others), postings on FB that what she'd like to do to our family would land her in jail, her sister posting things along the same lines (screen shots have been taken of both and printed), our home mysteriously being broken into and only the childrens items destroyed, calling all hours of the night, and numerous other behaviors. We truly believe she is not only an emotional danger to the children, but a physical one as well. She was told of the courts decision regarding contact and information, she was informed of our request for no contact in writing twice and verbally once. So she's well aware we wish for no contact and yet continues on.

Are we within our legal rights to press charges, and if so, what do we need to do to get this started?

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I suggest you call the police to report these incidents if you have not already. Without proof that any of this is going on, you have nothing.