Separation/Harassment Issues

My husband and I separated in November. We had been married for four years and have a three year old son. We were having issues long before the separation, and for at least one year before I moved out my husband continually said he didn’t love me and wanted me out. So I informed him that I was looking for a place and finally moved out in November. We agreed that our son would be with me Friday after school until Monday morning and with him Monday after school until Friday morning. This was based on our work schedules and our son’s school schedule. Since I moved out, he has kept him on his agreed upon days for only about a month; however he would keep bringing our son over for baths because he didn’t want to clean his bathtub. Then in December his heat broke. After getting that fixed, he’s been claiming that his house has mold and our son can’t stay there. I have tried to get him to take our son out some days during the week so they can spend time together and he won’t. He keeps saying the only place he can take care of our son is at my house, but I don’t want him there because of how he has treated me in the past. I have told him over and over he can pick up our son at anytime and take him anywhere he wants to spend time with him, but he won’t. Because I won’t let him spend time at my new place with our son, he is accusing me of preventing him from being with our son even though I have repeatedly told him he can pick him up at anytime. I’m getting texts from him almost daily accusing me of tearing our family apart and other verbal attacks when he is the one who originally said for a year that he wanted me out. He hasn’t seen our son in at least two weeks and before that he only saw him once or twice a week when he picked him up to take him to school or picked him up after school to bring him to my house. This week I have the flu and I asked him to take our son for a few days so that he didn’t catch it and he wouldn’t and went into long texts attacking me more. What can I do during this separation about the texting from him? Because we have a child involved I know I can’t block him but I want these texts to stop.

You can ignore any text messages that aren’t about the wellbeing of your son. Or, you can tell your husband that you will only communicate through email and will no longer respond to text messages.

If the text messages rise to the level of causing you substantial emotional distress, you may qualify for a domestic violence protective order, which would prevent him from contacting you altogether.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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