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Sometimes when I am thinking about what to write in a post, I recall articles I’ve read, or try to think of what my readers would like to learn about. Other times I use my own experiences. Today’s post will be in the latter category. Today we are going to talk about what happens when a marriage ends, but one of the former spouses refuses to stop communication, specifically, derogatory communication. So here is how it goes. Couple gets divorced, do Shared Parenting, ex-wife is the primary residential parent, everything seems like it’s going to be alright. Then ex wife starts constantly texting husband, saying he’s a jerk, bad dad, how horrible of a person he is. And she doesn’t stop. Not when he at home, at work, anywhere. What’s the guy (or girl in an equal number of cases) to do?

Call me apparently. So, here is the low-down. Most separation agreements and/or Shared Parenting agreements will provide insight into this little scenario. There will typically be a non-molestation clause that prevents one party from harassing, annoying, the other. As with many things in the law, document is king. So should this problem be occurring with you, or someone you know, call a lawyer (i.e. me) and then we will take a look at the controlling documents.  Another thing the documents are good for, specifically the Shared Parenting Agreement, is when one of the spouses, typically the primary residential parent, is boxing the other parent out: not informing of extracurricular, not discussing medical and health issues, not consulting the other parent with regard to important decisions about the child.

It’s called Shared Parenting for a reason. And it’s not to be taken lightly.  While the child may live primarily with one parent, i.e. the primary residential parent that we talked about, each parent is the legal parent of that child and each parent has parental rights that should be protected and honored.

As it often goes with divorce and child custody, it’s a game of power. Who can see the child the most, spoil the child the most. But it’s not a game. It’s parenting. And my skills can level that playing field for a parent who is being cheated of what the law has deemed fair and appropriate regarding parental rights in Shared Parenting.