If you need to modify a Virginia child custody or visitation order, you will have to go through a specific procedure. Virginia family law allows orders to be modified only under certain circumstances.
For the court to consider modifying a court-ordered custody or visitation arrangement, the party who desires the modification must show that there have been material changes in the case. Material changes refer to changes that directly affect the wellbeing of the child. This can mean nearly any kind of change in living conditions that have an effect on the wellbeing of the child.
Material changes can mean changes in:
- the stability of the home environment;
- the child’s relationship to the parent;
- health issues that might cause the child to benefit from services more readily provided by the non-custodial parent; and
- many other issues.
To begin the process of modifying a Virginia child custody or visitation order, you will need to fill out the appropriate paperwork and detail the reason for requesting a change in custody.
The court will look at all the details and make a decision based on the unique factors in the case. Sometimes a court’s idea of what is in your child’s best interests may differ from your own ideas, so there’s no guarantee of the court deciding in your favor. However, having a good attorney on your side can help you build a strong case.
Contacting a Virginia Child Custody Attorney
There are very specific rules governing divorce in Virginia. At Hofheimer Family Law Firm we are committed to providing you with the experience and compassion you deserve and the successful results you need to move on with your life. Request a FREE copy of our divorce guide for women in Virginia, or reserve your seat at our monthly divorce seminar – 757-425-5200.