Custody agreements feel final when a judge signs off on them. But life doesn’t stand still. Parents move, children grow, medical needs appear, and schedules change. When that happens, the custody arrangement that once worked may no longer fit your child’s best interests.
In Virginia, you can change a custody agreement, but only if the court is convinced two things are true:
(1)something significant has changed since the last order,
(2) the proposed custody modification is best for your child.
This article explains how courts view modifications, what qualifies as a “material change,” the steps to file, and how Slovensky Law helps families across Southwest Virginia protect their children and their rights.
The Two Tests for Changing a Custody Agreement
Virginia courts follow a two-step analysis before modifying any custody agreement:
- Material change in circumstances – You must show that something important has shifted since the last custody order was entered.
- Best interests of the child – Even with a change, the judge must find that altering the custody order benefits your child.
This standard comes directly from Virginia Code § 20-124.2 and § 20-124.3, and has been reinforced in cases like Keel v. Keel. For parents, it means the court’s focus is never on “winning” custody, it’s on making sure the new custody agreement genuinely helps your child.
What Counts as a “Material Change”?
Virginia judges won’t reopen a custody agreement just because parents disagree. You have to show that something truly significant has shifted since the last order, something that impacts your child’s stability, health, or routine.
Here are some situations where courts may agree the ground has changed:
Relocation or major schedule changes
If a parent moves across the state or starts a rotating night shift, exchanges that once worked smoothly can become disruptive or impossible. Judges look closely at how these changes affect the child’s daily rhythm.
New medical, educational, or therapy needs
Children’s needs evolve. A new IEP at school, weekly therapy appointments, or a serious medical condition may mean the old plan no longer supports your child’s growth or well-being.
Consistent noncompliance with the order
When one parent regularly ignores pick-up times or withholds visitation, the court may view that as a material change, because it undermines the child’s routine and the other parent’s role.
Safety or stability concerns
Substance misuse, domestic disputes, or housing instability don’t just affect the adults involved, they raise direct concerns about a child’s safety. Those situations often open the door to modification.
How Judges Decide What’s in the Child’s Best Interests
Even if you prove something has changed, the court won’t automatically approve a new plan. Judges have to step back and ask: “What arrangement gives this child the best chance to thrive?”Virginia Code § 20-124.3 lists the factors they use to answer that question.
Here’s what the judge is looking at when reviewing a custody agreement:
- Your child’s needs and age. What works for a toddler may not work for a teenager, and the plan has to fit their stage of life.
- Each parent’s stability. Judges look at health, work schedules, and the ability to provide a safe, steady home.
- Relationships and roles. How involved has each parent been in school, medical care, or daily routines? Who has been the steady presence?
- Co-parenting cooperation. Courts reward parents who encourage a healthy relationship with the other parent instead of undermining it.
- Practical logistics. Things like the distance between homes, transportation, and school locations matter more than most parents realize.
- Your child’s voice. If mature enough, the judge may ask what the child prefers — but it’s just one piece of the overall puzzle.
The judge weighs all of these together, not in isolation. No single factor automatically wins. The goal is a decision that serves your child’s overall well-being, not either parent’s wishes.
How to Modify a Custody Agreement in Virginia
If your current plan no longer fits, here are the four steps Virginia courts expect you to follow:
Step 1: File the motion
Start by filing a Motion to Amend or Review Order(Form DC-630) in the Juvenile and Domestic Relations District Court that issued your custody agreement. If either parent has moved, the case may be transferred to another court. Filing the motion is what gets your case back in front of a judge.
Step 2: Serve the other parent
The court requires that the other parent be formally notified. Without proof of service, your request won’t move forward. Serving papers ensures both parents know what’s happening and have a fair chance to prepare.
Step 3: Prepare your evidence
Judges want more than your word. Gather proof that shows why a change is needed: calendars, report cards, medical or therapy records, or messages from co-parenting apps. The stronger your documentation, the clearer your case will be.
Step 4: Present your case
At the hearing, the judge will look for two things: a material change since the last order and whether the new plan fits the best-interests factors under Virginia law. Your role is to connect your evidence to your child’s needs. The focus is always on protecting your child’s stability and well-being.
Custody Agreement vs. Custody Order
It’s easy to confuse the two, but they’re not the same thing. A custody agreement is the plan you and the other parent work out between yourselves. A custody order is when that plan gets entered and approved by the court.
Only custody orders carry legal weight. If all you have is an agreement on paper, or even a handshake deal, the court won’t enforce it. And if you need changes, the judge can only act on the official order.
That’s why if you want to change your parenting plan, you have to ask the court to modify custody order Virginia courts already have on file, not rely on side arrangements.
Examples of Child Custody Modifications Virginia
- The therapy schedule: A child begins weekly therapy during school hours. The parent who is consistently available during weekdays requests a change to handle appointments.
- The rotating shift: A parent’s new night shift means missed exchanges. A modified plan gives the child stability during the week.
- The long-distance move: A relocation makes exchanges unrealistic. The new plan shifts to longer but less frequent visitation blocks.
Each scenario reflects a material change and an adjustment that prioritizes the child’s needs.
Evidence That Strengthens a Custody Modification
In custody cases, judges look for more than one parent’s word against the other. What persuades the court is clear, reliable proof that shows how your child is doing and why a change is needed.
School records often tell part of the story, attendance, grades, or teacher notes can reveal whether your child is thriving or struggling. Medical or therapy reports may show new needs that the current plan doesn’t address.
Communication records, like messages in a co-parenting app, can demonstrate how well each parent follows the schedule, or how often exchanges break down. Logs of missed visits or late arrivals also help the court see patterns clearly.
And sometimesthird parties , like teachers, counselors, or a guardian ad litem, provide testimony that gives the judge an outside view of your child’s best interests.
The more specific and organized your evidence is, the easier it is for the judge to connect the dots between your request and your child’s well-being.
How Slovensky Law Supports Custody Agreement Updates
Our role is to guide families through the exact steps the court requires:
- Evaluate whether your situation qualifies as a child custody modification Virginia courts accept
- Apply the best-interests factors to your circumstances
- Organize your evidence into a clear, credible presentation
- File the DC-630 form and represent you at the hearing
We’ve helped parents across Roanoke, Lynchburg, and Southwest Virginia pursue custody changes that reflect their child’s needs.
Next Steps to Modify Custody Order Virginia Courts Recognize
Custody orders are not set in stone. When your child’s needs shift, the law allows you to request changes, but you must do it correctly. By understanding the common requirements for a custody agreement modification, you can avoid delays and put forward the strongest case possible.
Schedule a consultation with our team today, and we’ll help you take the right next step for your child, with a plan that makes sense for your family.
