Question – “I have asked my wife to only contact me via text since we finalized our divorce. She refuses. I’d like to document all of our conversations for posterity’s sake and I fully intend to request a modification to the custody agreement. My questions are – 1) Legally speaking, am I in the wrong with any of this? 2) What’s my best course of action to get a court order in place to state that our communication can only be via text? 3) If I pursue a text-only court order, would that affect my ability to Facetime with my son?”
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.