The chief consideration in child custody cases is what the court deems to be the best interests of the child. However, as per the statute § 20-107.2, changes in circumstances may necessitate a modification of a custody, requiring a parent to seek a child custody lawyer in Virginia. Support, visitation, and custody orders are in effect until the child comes of age, and in certain cases, after that time.
If you feel your Virginia child custody, visitation, or support order should be changed, you may file a motion to the court to alter or revise the current order. You should always hire a child support lawyer in Virginia to get the best direction. If you are searching for a child custody lawyer near me, you should consider the following factors when evaluating your options:
Custody agreements in Virginia
Modifications of a custody order can usually be accomplished by agreement of the parents, so long as the agreement does not strike the court as outlandish or not in the child’s best interest. Often, if one or both parents do not have a lawyer the court will appoint a guardian ad litem to represent the child or children. If this is the case, the guardian will need to endorse the agreed modification as well:
Types of Custody in Virginia
Child custody in Virginia encompasses two primary types:
- Legal Custody- Legal custody refers to a parent’s or guardian’s right to make long-term decisions concerning their child’s development, such as where to go to school and, if applicable, which religion they are raised in.
- Physical Custody– Physical custody refers to the day-to-day obligations of a child’s upbringing, including which guardian or parent the child stays with and at what hours.
Both legal and physical custody, as per family law attorneys in Virginia can be sole or shared, depending on the circumstances determined by the court.
A judge, upon deciding that one parent is better suited to tend to a child’s needs, may order sole physical custody or make one parent the ‘primary’ parent. This parent will be responsible for all the child’s day-to-day parenting choices, except when the non custodial parent has visitation. Visitation may include overnight visits and can be supervised or unsupervised. The judge may order the “non-custodial person” to pay child support to the person who has full custody of the child.
A parent who has visited will usually be entitled to have contact with his or her child. Family law lawyers in Virginia can help a parent ensure they preserve their right to contact his or her child.
Two Important Conditions to Modify Child Custody in Virginia
You must have legitimate reasons to request a modification to your child’s custody order with the help of a family law specialist in Virginia. It cannot be modified just because one of the parents wishes to. Your rationale for submitting the motion must meet two requirements. First, that there exists a material change in circumstances, and second, that the modification is in your child’s best interests.
A “material change” is one that substantially impacts a parent’s ability to provide a consistent, safe, and stable environment for a child. Such changes may include changes to a parent’s mental or physical condition, a change of address that challenges the child’s routine, a shift in the parent’s working hours, consumption of drugs or alcohol in an unsafe manner by the parent, or incidents of child neglect or abuse.
Material changes may also be positive on the part of the moving parent. A parent may move closer to the child’s school and residence, may overcome drug addiction, or may get a job that allows more visitation. The change may allow you to provide greater care for your child. It can include a timetable with more spare time for the upbringing of your child and a far more solid financial situation.
Your child custody lawyer in Virginia must demonstrate that it is in your child’s best interests to have the custody order amended. The court will make this decision based on several considerations. It will include the child’s connection with each parent. The court will also consider each parent’s capacity to cater to the child and each parent’s physical and mental condition.
Reasons why judges could change the current custody arrangement
- As previously stated in § 20-107.2, courts consider revisions to current custody agreements depending on significant shifts directly affecting the child’s well-being. Some common reasons a court may alter parenting orders are:
- Relocation: When one parent intends to relocate, especially if it would impact the present custody arrangement or dramatically modify the child’s living arrangements, a modification may be required.
- The changes in the child’s needs: As children grow, their requirements change. The changes can become essential. This will include educational needs, health issues, or extracurricular pursuits that need modification to the present custody arrangement.
- Parental misbehavior or lifestyle shifts: If one parent’s behavior has a major influence on the child’s safety, mental well-being, or general welfare, the court may consider changing custody arrangements. This might involve, but is not restricted to, a parent’s violation(s) of the present order, evidence of neglect or abuse, incarceration, and so on.
As always, the strength of evidence in these cases is paramount to success. You must present persuasive proof to back up your allegations. Documentation of communications, medical records, or evidence from relevant experts or lay witnesses can all help to enhance your case.
Steps for the Child Custody Amendment
To file a petition for custody changes in juvenile court, deploy Virginia Form DC-630. You can obtain an empty application from the Virginia Judiciary website. However, you should always seek the guidance of a child custody lawyer in Virginia.
In the paper, clearly outline the prerequisites of your present custody order, the adjustments you propose, and your reasons for obtaining them. You can then submit this to the clerk’s office of your juvenile and the Domestic District Court.
Once you have submitted your motion, the judge will schedule a hearing and inform the other parents. The hearing will involve evidentiary proceedings, indicating that both you and the other side will be able to submit evidence for their respective sides in the case. This implies that you have to gather information to support your request prior to the hearing date.
After hearing all sides of the family law matter in Virginia, the judge may issue a new finding in the custody dispute that alters the current arrangement. Again, the court can either amend or maintain the custody arrangement.
How can a Virginia attorney help with custody agreement modifications?
Before requesting that a judge change a custody arrangement, consult with a skilled Virginia family law attorney. Express your reasoning in a way that clearly shows you are submitting your request with your child’s best interests in mind.
Call the McGavock Reed Law Firm for a free consultation now!
The McGavock Reed Law Firm is a trusted law firm for child custody consultation well aware of the emotional toll parents might experience. You can call the firm at 703-206-6926 or email info@macreedlaw.com to schedule a consultation.
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