Child Custody Modification in Virginia
Child custody can be challenging to figure out for many families. Once you do agree on custody terms, you expect that agreement to be in effect for many more years. However, life is constantly evolving, and what worked for your family in the past may need adjustments as circumstances change.
As your child grows, and your career or family dynamics change, your custody agreement may need changing as well. That’s where our custody modification services come into play. While custody agreements are binding, they can be modified and should be modified to suit your family’s and especially your children’s changing needs. We are your trusted partner in upholding your child’s best interests, even when life takes unexpected turns.
Things change. Situations Evolve. If you’re looking for a modification to your child custody agreement, hit the button below.
What is a Custody Modification?
Under Virginia Code § 20-108, a custody modification is a legal process that allows a parent to request changes to an existing child custody order. These changes can encompass adjustments to custody, visitation schedules, and other custody-related arrangements.
Reasons to Pursue a Virginia Custody Modification
- Substantial Changes: When there is a significant change in circumstances for either parent or the child, it may warrant a custody modification.
- Child’s Best Interest: If the current custody arrangement is no longer in the child’s best interest, it’s crucial to seek modifications that better serve their needs.
- Parental Relocation: Relocating to a new area can impact the existing custody arrangement, requiring adjustments.
- Safety Concerns: If you have concerns about your child’s safety while in the care of the other parent, a custody modification may be necessary.
- Substantial Changes: When there is a significant change in circumstances for either parent or the child, it may warrant a custody modification.
- Child’s Best Interest: If the current custody arrangement is no longer in the child’s best interest, it’s crucial to seek modifications that better serve their needs.
- Parental Relocation: Relocating to a new area can impact the existing custody arrangement, requiring adjustments.
- Safety Concerns: If you have concerns about your child’s safety while in the care of the other parent, a custody modification may be necessary.
What Constitutes a Change in Circumstances?
Custody or visitation orders can be modified when two conditions are met: (1) a significant change in circumstances has occurred, and (2) modifying the custody or visitation provisions, or both, is deemed in the best interest of your child.
A “change in circumstances” typically refers to significant alterations in the child’s life or the parent’s situation that impact their ability to provide a stable and supportive environment. It could include changes in employment, living arrangements, health, or other factors that directly affect the child.
Several scenarios can be considered material changes, including but not limited to:
- A parent has relocated.
- A parent has remarried or expanded their family.
- The child’s educational or healthcare needs are unmet.
- The custodial parent’s circumstances have become unhealthy or unsafe for the child (e.g., homelessness, mental health issues, substance abuse).
- The custodial parent has unjustifiably denied visitation.
- A parent has repeatedly violated the current order.
- The child’s requirements have evolved.
This is a short list of circumstances that a court may recognize as constituting a material change in circumstances.
What Constitutes a Change in Circumstances?
Custody or visitation orders can be modified when two conditions are met: (1) a significant change in circumstances has occurred, and (2) modifying the custody or visitation provisions, or both, is deemed in the best interest of your child.
A “change in circumstances” typically refers to significant alterations in the child’s life or the parent’s situation that impact their ability to provide a stable and supportive environment. It could include changes in employment, living arrangements, health, or other factors that directly affect the child.
Several scenarios can be considered material changes, including but not limited to:
- A parent has relocated.
- A parent has remarried or expanded their family.
- The child’s educational or healthcare needs are unmet.
- The custodial parent’s circumstances have become unhealthy or unsafe for the child (e.g., homelessness, mental health issues, substance abuse).
- The custodial parent has unjustifiably denied visitation.
- A parent has repeatedly violated the current order.
- The child’s requirements have evolved.
This is a short list of circumstances that a court may recognize as constituting a material change in circumstances.
Factors Determining the Child's Best Interest
The second consideration for custody modification in Virginia is “the best interest of the child”. According to Virginia Code § 20-124.3, the court considers various factors when determining what is in the child’s best interest. These include:
- The child’s age and physical/mental condition.
- The child’s relationship with each parent.
- The parents’ ability to cooperate in decision-making.
- Any history of abuse, neglect, or substance abuse.
- The child’s preference (if mature enough to express it).
- Each parent’s willingness to support the child’s relationship with the other parent.
Who Can Request a Change in Custody?
Any parent or legal guardian can request a change in custody. However, the burden of proof lies with the requesting party. They must demonstrate a substantial change in circumstances and provide evidence that the proposed modification serves the child’s best interest.
How Our Virginia Custody Lawyers Can Help
Navigating the complexities of custody modifications in Virginia requires legal expertise and a deep understanding of family law. At Slovensky Law, our experienced attorneys have a proven track record in handling custody modification cases. We can assist you in:
- Evaluating whether your situation qualifies for a modification.
- Gathering the necessary evidence to support your case.
- Developing a strategic legal approach.
- Representing your interests in court, if necessary.
Every child deserves a nurturing and stable environment. We are passionate about helping parents achieve this goal through custody modifications that prioritize the child’s best interest.
If you’re considering a custody modification in Virginia, don’t hesitate to contact Slovensky Law. We’re here to guide you through the process and advocate for your child’s well-being. Schedule a consultation with our Virginia child custody lawyers today and take the first step toward shaping a brighter future for your family.
