If there is not a current order which prohibits telephonic communication, then you cannot force her to only communicate via text. While we understand the need to document your communication, if your only reason for seeking a modification is to get an order requiring that all communication occur via text, then you may not be successful. In Virginia, you must show a material change in circumstances that justifies a modification of a current custody/visitation court order. Also, so long as the text-only order relates to communication between the parents, it should not affect your ability to Face-Time with your son, however, I would ensure that was in a court order as well.
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Parks Zeigler, PLLC – Attorneys At Law