Motions to Amend child custody and visitation are frequently filed. Typically, in Virginia, they are filed in the Juvenile and Domestic Relations Court. So, once a motion to amend is filed, how do we know whether the court will consider changing the custody arrangement?
First, you will have to show there has been a material change in circumstances since the last court order. What does that mean? Generally, it means something in your life, your children's life or the other parent's life has changed which affects the custody situation. This may be an illness of someone involved, a parent has moved, the parent has accepted a new job which changes their schedule, a parent has had another child, etc. The key here is that the change affects the custody arrangement (this makes it a material change in circumstance) and that whatever this change is, that it was not contemplated when the previous order was made (i.e., you didn't consider that the change was coming when the court previously addressed custody). So, if you've had another child, but when you were in court previously you were pregnant and the court considered that when determining custody, having that child does not necessarily constitute a change.
Second, you will have to prove that the change you are asking the court to make is in the best interests of the child. The court considers the factors listed here when determining what arrangement will be in the best interest of the child.
If you can prove that there is a material change in circumstances, the court will consider amending the custody arrangement. If you can then prove that the change you are asking for is in the best interests of the child, you may be able to succeed in changing the custody arrangement.
If you are involved in a custody or divorce dispute and would like a consultation, please contact us at (804) 447-0146 or clbaudean@baudeanlaw.com.
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