Life is not static. After a divorce or separation, circumstances change, children grow, and what worked for your family last year may not work today. A child custody order is a legal document, but it is not set in stone. It can be modified to reflect the changing needs of your children and your family’s new realities. If you have a custody order from a Loudoun County court, you may be wondering if and how you can make changes to it.
At Raheen Family Law, we understand that navigating the legal system again can be daunting. You may be hesitant to go back to court, but you also know that the current custody arrangement is no longer serving your child’s best interests. We are here to explain the process of modifying a child custody order in Loudoun County, so you can make an informed decision about what is best for your family.
The Legal Standard for Modifying a Custody Order
To modify a custody or visitation order in Virginia, you must prove two things to the court:
- There has been a material change in circumstances.
- A modification of the custody order is in the best interests of the child.
This is a two-part test, and you must prove both elements for the court to grant a modification. The Loudoun County Juvenile and Domestic Relations District Court or the Circuit Court will not reconsider custody simply because you are unhappy with the current arrangement. You must demonstrate that something significant has changed since the last order was entered.
What Qualifies as a “Material Change in Circumstances”?
There is no exhaustive list of what constitutes a material change in circumstances. It is a fact-specific inquiry, and the court will look at the unique details of your case. Some common examples of a material change in circumstances include:
- Relocation of a parent: If one parent plans to move a significant distance away, it will likely impact the current custody schedule and may warrant a modification.
- A change in a parent’s work schedule: If a parent’s work schedule changes dramatically, making it difficult to adhere to the current custody arrangement, a modification may be necessary.
- The changing needs of the child: As children get older, their needs and desires change. They may become more involved in extracurricular activities, or they may express a desire to spend more time with one parent.
- A parent’s remarriage: The introduction of a new stepparent can be a significant change in a child’s life.
- Concerns about a parent’s fitness: If one parent develops a substance abuse problem, is convicted of a crime, or otherwise demonstrates an inability to care for the child, it can be grounds for a custody modification.
The Process for Modifying a Custody Order in Loudoun County
If you believe there has been a material change in circumstances, the process for modifying a custody order generally involves the following steps:
- File a Motion to Amend or Review Order: You must file a formal motion with the same court that entered your last custody order. This motion will outline the material change in circumstances and why a modification is in your child’s best interests.
- Serve the Other Parent: You must legally notify the other parent that you have filed the motion.
- Attend a Court Hearing: The court will schedule a hearing where both parents will have the opportunity to present evidence and testimony. The judge will listen to both sides and then make a decision based on the two-part legal standard.
Frequently Asked Questions About Custody Modification
Can we agree to modify custody without going to court?
You and the other parent can always agree to changes in your parenting schedule. However, if you want the changes to be legally enforceable, you must have a new court order entered. It is always best to formalize any agreement in a new order to avoid future disputes.
How soon can I modify a custody order?
There is no waiting period to file for a modification. As soon as there is a material change in circumstances, you can file a motion.
What if I have an emergency and need to change custody right away?
In emergency situations where a child is at risk of harm, you can file a motion for an emergency custody order. The court will hear these motions on an expedited basis.
Is It Time to Revisit Your Custody Order?
If your current custody arrangement is no longer working for your family, it may be time to seek a modification. The experienced family law attorneys at Raheen Family Law can help you assess whether you have grounds to file a motion and can guide you through every step of the process. We are committed to protecting the best interests of your children. To learn more, we invite you to visit our website and our child custody and visitation page. When you are ready to take the next step, Call our Fairfax Divorce Lawyer Now! at 703-223-5295 or contact us to schedule a consultation.