VA Child Custody Lawyer Explains What Constitutes as Material Changes

Posted on Dec 22, 2011 by Hofheimer Family Law

When something significant has happened and you want to change your Virginia child custody order, you’ll have to work with your Virginia child custody lawyer to discuss how to demonstrate what’s known as “material changes.”

Just because the courts made a final judgment about the custody, doesn’t mean that you can’t seek to change it. The courts have a “if it isn’t broken, don’t fix it” mentality, though. You’ll have to prove that substantial changes have transpired that warrant a change to their original order.

There are numerous circumstances that the courts deem as important enough to necessitate change in a custody agreement:

  • a parent violates the original agreement;
  • drug abuse becomes a factor;
  • there has been evidence of child abuse (something the Child Protective Services division of the Virginia Beach Department of Social Services (DSS) should be immediately notified of);
  • a parent becomes involved with an abusive partner;
  • one or both parents remarry;
  • a parent’s ability to raise or provide for the children changes;
  • one or both parents relocate;
  • there have been crucial employment or economic changes;
  • illness or disability has become a factor; or
  • the noncustodial parent’s relationship with the children becomes threatened.

If you’re trying to regain custody of your children, or simply change the Virginia child custody agreement you and your ex created, the first step you’ll need to take is to speak with a Virginia child custody lawyer who can help you prepare your petition.

Contacting a Virginia Child Custody Lawyer

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.