We have joint custody but he refuses to communicate. Can I change it to me having sole custody bc his refusal to communicate?

Q:  Our child is one. We have "joint custody". It's been a year & I do everything alone. He has visitation every other weekend. He takes our child to his house. He has a new girlfriend and completely cut us out. ( besides him picking up our baby on the weekend visitation ) 
•when our baby is sick I text him the medications he's on & no answer or concern 
•when I have a question about our child, no answer 
•when I call and text him to take the baby to the doctor bc I can't take off of work, no answer 
•when our baby was 10 months old & the doctor suggested early intervention, I called & texted him the info & for his input... no answer, no concern 

He completely cut out communication with me, about his son. What can I do? Can I change it to me having sole custody bc his refusal to communicate

A:  David's Answer:  Depending on your proof of the lack of communication, I'd say this warrants a modification. That said, I always advise to follow-up calls/texts with e-mails or letters - they are better proof in court. Schedule a consult with a NYC Child Custody attorney for more info.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)