Q: In my visitation temporary court order, we have a no disparaging clause. Which is supposed to apply for everything (in front of child, through text, social media…). I recently texted NCP about how I have not received any child support in 4 weeks. Like always he comes off very defensive and rude and says I am approaching him wrong (which I am not, he just always has attitude towards me) I am very respectful and never curse nor call him names. He goes on to curse at me and starts calling me names which I repeatedly have told him to stop acting like that towards me. In the recent text messages he has called me “nigga, douche, money grubbing lil sh*t, a dog and an incubator”. Are these disparaging comments? Is he in violation of the court for speaking to me like this? We have joint legal custody and I have primary physical custody( he gets every other weekend fri evening to sun evening). If he acts like this can I get sole legal and physical custody? or can his visitation be decreased to one night?
A: David’s Answer: In terms of a violation, one would need to see the exact phrasing of the “no disparagement clause,” as usually it says “do not disparage the other parent in the presence of the child.” That said, I’d certainly state that unless he refrains from disparaging comments, you will need to file a petition to take away the joint custody. If he continues after that, file your petition. Schedule a consult with a Bronx Child Custody attorney for a full assessment