If you or your child is going through a notable change in your circumstances, it is possible to request the court for a modification of your custody order. Through this update, you and your family can adapt to your new situation with ease and better flexibility.
In this blog, we will discuss when and how an existing child custody order can be updated in Virginia:
When can I modify my custody order?
Under Virginia law, you or your ex can file a petition for an update of custody if there has been a substantial change in either of your situations or your child’s needs. These factors may include one or more of the following:
- When you or your ex gets an increase or decrease in income
- When you or your ex relocates
- When you or your ex’s family expands
- When your child requires a change in their educational or medical needs
- When there is evidence of substance abuse, family abuse or neglect
Keep in mind that your request for modification must serve your child’s best interests. Since the courts review the petitions on a case-to-case basis, your request may take several months of evaluation and completion.
How do I file my request?
To file your request, fill out your “motion to amend or review order” form and submit it in the juvenile and domestic relations district court. After filing your petition, you must serve your ex a copy of the document. You can do this on your own or with the help of a family law attorney.
The court will provide them with an allotted time to respond and an opportunity to present their side of the case during your court hearing.
You and your family will be okay
By understanding your rights and following the legal process involved, you can file your petition with ease and attend your scheduled hearing with comprehensive preparedness.
