How to Modify an Existing Custody Order Under Virginia Law

Oct 30, 2023 | Child Custody

How to Modify an Existing Custody Order Under Virginia Law

Under Va. Code § 20-108, a custody order can be modified under Virginia law if there has been a “material change in circumstances” since the last custody order was issued. This change must be significant enough to affect the child’s welfare or the custodial arrangement. Common examples include changes in a parent’s employment, relocation, changes in the child’s needs, or issues related to the child’s safety and well-being.

Here’s a summary of how to modify an existing custody order under Virginia law, with citations to the Virginia Code:

Filing a Petition for Modification: To initiate the process, the parent seeking modification must file a petition with the court that issued the original custody order. This petition should detail the material changes in circumstances and explain why a modification of the custody order is in the child’s best interests.
Service of Process: After filing the petition, the other parent must be served with a copy of the petition and notified of the court hearing date. This ensures that both parties have the opportunity to present their case.
Mediation and Negotiation: As per Va. Code § 20-124.3, Virginia encourages parents to resolve custody disputes amicably. Before or during the legal proceedings, parents may engage in mediation or negotiation to reach an agreement on modifying the custody order.
Court Hearing: If parents cannot agree on modifications, the matter will proceed to a court hearing. During this hearing, both parties can present evidence and arguments supporting their positions.
Best Interests of the Child: In deciding whether to modify a custody order, the court will consider the best interests of the child. This evaluation is guided by factors outlined in Va. Code § 20-124.3, including the child’s needs, each parent’s role and relationship with the child, the child’s preference (if of reasonable age and maturity), and any other relevant factors.
Burden of Proof: The parent requesting the modification has the burden of proving that there has been a material change in circumstances and that the proposed modification is in the best interests of the child.
Issuance of Modified Custody Order: If the court finds that a material change in circumstances has occurred and that modifying the custody order is in the best interests of the child, it will issue a modified custody order. This order will outline the new custody and visitation arrangements.

Given the complexities and potential contentious nature of custody modifications, legal representation is highly recommended. An experienced family law attorney can provide guidance, help gather and present evidence, and advocate on behalf of your position. Once a modified custody order is issued, both parties are legally obligated to adhere to its terms. Future modifications can be sought if there are subsequent material changes in circumstances.

Do You Need Help Modifying an Existing Custody Order Under Virginia Law?

Modifying an existing custody order in Virginia requires demonstrating a material change in circumstances and proving that the modification is in the best interests of the child. The process involves legal procedures and considerations outlined in the Virginia Code. Seeking the guidance of an experienced attorney can be invaluable in navigating this process and advocating for a favorable outcome.

We can help prepare a petition to modify for filing. Contact our office for a free consultation.