Life circumstances change, and sometimes child custody arrangements need to change too. In Virginia, either parent can petition the court for a custody modification if there's been a material change in circumstances since the last custody order.
What Qualifies as a Material Change?
Virginia courts require proof of a "material change in circumstances" before modifying custody. Common examples include:
- Relocation of either parent (especially out of state)
- Changes in the child's needs (educational, medical, etc.)
- Evidence of abuse or neglect
- Substantial changes in either parent's living situation
The Modification Process
- File a Petition: Submit the proper forms to your local juvenile court
- Mediation: Virginia requires mediation attempts before court hearings
- Court Hearing: Present evidence of the material change
- Judge's Decision: Based on the child's best interests
What Courts Consider
Virginia judges evaluate:
- The child's age and physical/mental condition
- Each parent's ability to meet the child's needs
- The child's relationship with siblings and other family
- The child's reasonable preference (if age-appropriate)