Life is a constant cycle of learning and growing. As you and your child move on from life after divorce, you may go through notable changes in your circumstances. To help ensure that you and your child can adjust to your new situation with flexibility, you can request the court for an update of your custody order.
When can I modify my custody order?
Under Virginia law, there are two conditions that must be met before either you or your ex can file for a custody modification request. The first condition is that the request must be in the best interests of your child.
For the second condition, the requesting parent must have proof of a material change in either theirs or their child’s circumstances. These changes may include:
- When you or your ex moves to a new state
- When you or your ex experiences a significant change in your financial situation
- When there is a shift in your child’s educational, medical or emotional needs
- When there is evidence of substance abuse or neglect in either household
Since the Virginia courts review the cases on an individual basis, your request may take several months of assessment and completion.
How can I file my modification request?
To file your modification request, fill out the “motion to amend or review order” form with the state’s juvenile and domestic relations district court. After submitting your petition, you must serve your ex with a copy of the document.
The court will provide them with an allotted period to respond, where they will have a fair chance to present their side during your scheduled hearing.
For your child, you can do anything
By understanding your rights and following the proper legal timeline, you can pursue your intended change with confidence and attend your court hearing with familiarity of the processes.