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Custody & Kidnapping

Modifying a custody order due to verbally abusive communication or harassment

One issue to consider is whether modifying the custody order to try to include a specific term regarding communication between the parents may help the situation. For example, a person who is being verbally harassed by the other parent on the phone may file to modify the order to ask that both parents be ordered to communicate in a non-harassing and non-abusive way and that all communication must be written, through text, email, etc. The fact that the communication has to be in writing is so that there would be proof if a parent violates the non-harassment/non-abuse clause in the custody order. Or if the harassment occurs during the exchange of the child, a parent can ask that a third party do the exchange or that the exchange take place at the local police precinct, for example. If any of these terms get included in the order, and the abusive parent violates it, it could be possible to file for contempt of court and ask the judge to punish the offending parent. I can’t speak to whether or not this would work in your specific situation but perhaps you can get some individualized legal advice from a lawyer {[LINK} who handles custody matters in your county.