Making Changes To A Court Order: Modifying Custody Arrangements
In the transition time of a divorce, you are making the best decisions you can about child custody and finances with the information you have. However, as couples move forward after a divorce, it is not uncommon for circumstances to change. After all, you are starting a new life and that usually comes with new opportunities.
In some cases, unforeseen life changes and significant changes in circumstances might require a change in your original custody court order. At Lutins & Pilgreen, PC, in Roanoke, we have helped many parents in Virginia seek modifications to existing custody orders and create new solutions that suit their current reality.
Modifying An Existing Custody Order In Virginia
In a divorce, your divorce attorneys and the judge want to get the custody, visitation and parenting time decisions right the first time. In settlement negotiations, or if the judge takes custody under advisement, the goal is to craft an arrangement that is reasonable and sustainable for everyone involved.
Virginia courts favor stability in parenting arrangements. Usually, in order to change a custody agreement, you must show both of the following:
- There has been a significant change in circumstances
- The existing arrangement is detrimental to the child’s best interests
This can be a difficult burden of proof. A family lawyer who has experience with pursuing a modification of a child custody order can help you evaluate your options and determine if it is appropriate to seek a modification.
When Circumstances Change Significantly
In order to change your custody arrangements, you must be able to show that the circumstances have changed significantly. Examples of a significant change in circumstances can include:
- A change in your employment
- Relocation for a job or other reasons
- Remarriage
- A death in the family
- Any substance abuse, domestic violence or other criminal activity by your spouse
- A change in your former spouse’s household that makes him or her less fit for parenting time
It is important to note that under Virginia law if a parent withholds visitation, it can be significant enough to justify the modification of an existing custody order. If your child’s other parent is withholding visitation, our experienced custody attorney can help you explore a variety of options to enforce an existing family law order.
Consult A Roanoke Custody Modification Lawyer
Are you anticipating a change that could affect your parenting schedule? If so, it is best to act proactively rather than waiting for a problem to arise. We can help you pursue the modification you need while making the transition as smooth as possible for you and your children.
At Lutins & Pilgreen, PC, our family law attorney has more than 30 years of experience and is available by appointment for consultations. To schedule an initial consultation, please send us a message or give us a call at 540-627-5150.