Can You Reopen a Custody Case Anytime in Virginia

You lot have a court order that defines your kid custody and visitation arrangement with the other parent. That courtroom order says that it is a "last" guild. Can y'all change your visitation or custody order if new circumstances arise?

The respond to that question is yep. Custody of modest children is always based on what is in the children's best interests, and those interests may alter over time. In Virginia, a court may alter a custody and visitation arrangement as the circumstances of the parents and the benefit of the children may require. Specifically, Virginia Code § 20-108 allows for modification of a custody or visitation order when (one) there has been a material change of circumstances and (2) it is in the best interest of the children to modify custody or visitation.

The material change in circumstances that is required for a courtroom to modify a custody and visitation order is very example specific, just some examples of possible material changes include: a parent has moved; a parent has remarried or had another child; the child'south educational or wellness needs are not beingness met; the custodial parent's state of affairs has inverse such that it is non good for you or prophylactic for the kid to remain with that parent (e.yard. homelessness, mental disease, drug habit); the custodial parent has withheld visitation without just cause; a parent has violated the current order repeatedly; or the child's needs take inverse over time. This is merely a small list of circumstances which a court might notice to constitute a material modify.

This material change must take occurred since the date of the last courtroom order regarding custody and visitation, and cannot be a matter that was previously litigated or previously known by the parties only non raised at trial.

Later the courtroom determines at that place has been a material change in circumstances, the court must so determine whether it is in the child'south best interests to modify the current order. In making this conclusion, the court will wait to the factors prepare along in Virginia Lawmaking § xx-124.three. These factors include:

1. The age, physical and mental condition of the kid, giving consideration to the child's changing needs;
2. The historic period, concrete and mental status of each parent;
3. The human relationship existing between each parent and kid;
4. The needs of the child, including the important relationships with siblings, peers and extended family members;
5. The role each parent has and will proceed to play in the upbringing of the child;
6. Each parent'southward propensity to actively back up the child's relationship with the other parent;
7. The willingness and ability of each parent to maintain a shut and continuing relationship with the child and each parent's ability to cooperate in and resolve disputes with the other parent in matters affecting the kid;
8. The reasonable preference of the kid, if the court deems the kid to be of reasonable intelligence, understanding, age and feel to limited such preference;
9. Whatsoever history of family abuse; and
10. Such other factors as the court deems necessary.

If a court finds (a) at that place has been a cloth change in circumstances since the entry of the last order and (b) the all-time interests of the child warrant a change in the custody or visitation schedule, and so the court volition enter a new order that modifies the previously "final" custody society.

At that place is no limit on the number of times which a court can alter its own order. Nevertheless, you lot should but bring your matter back before the court when there has been a fabric change and you believe that under the new circumstances a modification is required to meet your child's best interests.

If you believe a material change of circumstances has occurred and want a court to review your custody and visitation order, be sure to speak with an experienced family law attorney in your area. Livesay & Myers, P.C. has a team of experienced family lawyers beyond offices in Fairfax, Arlington, Leesburg, Manassas and Fredericksburg, representing clients across Northern Virginia. Contact u.s.a. to schedule a consultation today.

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Source: https://www.livesaymyers.com/modify-custody-visitation-order-virginia/

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