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.
If you are experiencing difficulties with your separation or divorce, please let our family law attorneys assist you today!
Call us toll-free at 888-691-9319 or fill out this short form to get started.
Visit these links for related information
Virginia Child Support LawsFour Ways to Avoid Smartphone Wars in a Joint Legal Custody BattleBenefits of Meeting with a Divorce Lawyer
Written By Kellam T. Parks
Kellam founded what is now Parks Zeigler, PLLC in 2012 to embrace modern technologies to best serve clients. This passion for technology led to the formation of the Cybersecurity/Data Privacy practice area making the firm a leader in helping businesses protect themselves and respond to incidents. When he’s not practicing law in this area and handling high-asset divorces, Kellam manages the firm with his co-owner, Brandon Zeigler, contributes to local and state-wide Bar associations, and frequently writes and speaks to audiences across a variety of sectors and geographic locations, including nationally on the topics of Cybersecurity/Data Privacy, digital evidence, law firm management, and technology/AI.
