Modification of a Custody/Visitation Order in Virginia

Obtaining a child custody order with the agreement or by the judge’s order in the court, this will not going to work forever. As the time will pass, the needs of your child will start evolving, and the same thing will happen with your ex-partner and you as well. So, you need to realize that as everything starts getting changed, you will need modification in custody or visitation order. There are few situations in which you can file for modification in the custody order. Number one will always be the care factor you have for your child in your heart. If you think the other parent is not taking care of the child properly or if the child is being neglected, then you can immediately go for a new custody order. Although it would take time because of all the files and papers to be submitted in court. Another reason can be if your child is facing child abuse from other parent or getting addicted to something. Whatever the reasons might occur in your mind and no matter how insecure you feel about your child, the first thing you are going to do is to secure yourself a child custody lawyer or attorney.

Why the Changes take place?

There are different situations which lead towards the change;

If you or the other partner is moving.
Needs of the child have been changed, like medical or Education.
Employment changes in the other parent’s life which have an impact on child’s life.
Your marital status has changed, and the child doesn’t feel prior, or his feelings have changed.
Other’s parent life has changed completely, and your child feels insecure in the unstable environment.
Another parent has got addicted to any drugs or alcohol, and your child doesn’t feel secure.

When will the new Order be given?

The new order will only be issued if there are benefits for the child, else the judge will not entertain the new modifications and reject it. Why? Because this case is completely about the child and his/her benefits. The new custody order will be based on eight different facts which will apply once the new order has been issued.

  1. Child’s physical and mental situation.
  2. You and other parent’s mental and physical situation.
  3. You and other parent’s behavior with the child.
  4. Your child needs and necessary things.
  5. How you and other parent have played your role so far since the last order was issued.
  6. Your willingness to access the other parent for meeting and visiting the child and maintain the relationship well.
  7. Your child’s choice with whom he wants to stay or not.
  8. If there has been any abuse in the family or not, a brief history of that to be included as well.

The new order will come out based on all of these facts mentioned above. If nothing changes from the last eight facts, it’s highly possible that there won’t be any changes in the order.

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