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When a child custody or child support order is entered after a divorce or breakup, it is based on the child’s needs and the parents’ circumstances at the time. Over time, these realities might change. In Virginia, the courts recognize this by allowing parents to request modifications to custody and child support orders.
To successfully have a child support or child custody order modified, you must show that there has been a material change in circumstances. In addition, you must also show that the modification would be in the child’s best interests. Our Virginia family lawyers can help you understand your rights and options and advocate for you in court.
At Poole, Brooke, Plumlee, we offer experienced legal representation for all types of Virginia family law matters, including divorce, child custody, and child support. We will help you formulate a strategic plan for your case to help you achieve the best possible outcome for your family. Contact our law firm today to schedule a consultation with a Virginia Beach family law attorney.
Modifying Child Custody in Virginia
In Virginia, there are two types of custody. Physical custody is where a child lives or spends their time. Legal custody involves the ability to make decisions about important matters in a child’s life, on topics such as healthcare, religion, and education.
A parent can request a modification of physical and/or legal custody. For a court to grant the modification, there must be evidence of a material change in circumstances since the last custody order was issued. Examples of changes that might qualify as a material change in circumstances include:
- A parent relocates to another area of Virginia or to another state, affecting their ability to spend time with their child.
- One parent’s work schedule or employment status changes significantly (such as a parent getting a job that involves shift work, where their schedule is not consistent).
- A child develops new educational, medical, or emotional needs. For example, if a child is diagnosed with a developmental disability like autism spectrum disorder, it may be grounds to revisit the parenting schedule to accommodate their needs.
- One parent is no longer able to provide a safe, stable home environment due to problems like substance abuse or mental health issues.
- A parent repeatedly fails to follow the existing parenting schedule.
Importantly, the change in circumstances must be material, which means that it has to be something more than a minor issue or a temporary scheduling inconvenience. For example, if a parent wants to modify custody because their child is in an after-school activity for 6 weeks, that probably won’t count as a material change of circumstances.
Even if there is a major change in circumstances, the modification must also be in the best interests of the child. Courts will weigh a variety of factors in determining whether a change to custody is in the best interests of the child(ren), such as:
- The child’s age and needs
- The current relationship between the child and each parent
- Each parent’s physical and mental health
- The stability and continuity of the child’s environment
- The willingness of each parent to foster a healthy relationship with the other parent
In Virginia, all custody and visitation decisions are made based on the best interests of the child. Even if a parent has a really good reason for a custody modification, if a change wouldn’t benefit the child, then a court will likely deny it.
It isn’t always easy to know when a request for custody modification will be successful. Our Virginia family law attorneys will analyze your situation and offer advice on the probability of success. We can also help to defend against requests for modifications if you oppose your ex’s desire to change the parenting schedule or custody arrangements.
Modifying Child Support in Virginia
Under Virginia law, child support is intended to support a child’s ongoing financial needs. A child support order may be fair when it is ordered, but over time, income, expenses, and custody arrangements can shift. In these situations, you may be able to have your child support order modified upwards or downwards.
The legal standard for modifying child support in Virginia is similar to the standard for changing custody. The person seeking the modification must show a material change in circumstances since the last order. This can include situations such as:
- One parent experiences a significant change in income.
- A parent loses a job or becomes disabled.
- Childcare, education, or healthcare costs significantly increase.
- The custody schedule changes so that the child spends more time with the other parent.
Temporary changes in income or expenses probably will not warrant a modification. Judges will also consider the well-being of the child as a main factor in their decision-making process.
Virginia uses statutory child support guidelines that govern how support is calculated. When evaluating a child support modification request, a court will often recalculate support based on the parents’ updated income, expenses, and custodial arrangements.
Please be aware that child support cannot be modified without a court order, even if both parents agree to the change. You cannot stop paying child support or pay less child support based on an informal agreement with your ex. If you do so, you may risk a child support enforcement action.
If you and your ex agree to a change in child support, you can submit a joint petition for a modification together with your agreement. Once the court approves the modification and issues an order, you can change the amount of child support that you are paying.
Our law firm represents individuals in child support modification cases, whether you are seeking a change or do not want the change. We can counsel you on likely outcomes and help make a smart decision based on what is best for you and your child.
Compassionate Legal Representation for VA Family Law Matters
Child custody and child support orders are not set in stone. If your circumstances change, it may be time to seek a modification. Our Virginia family law attorneys will work with you to help you understand your rights and protect your interests.
Based in Virginia Beach, Poole, Brooke, Plumlee represents clients throughout the region. We offer strategic legal advice and representation, helping our clients advocate for themselves and their families. To learn more or to schedule a consultation with a member of our legal team, give our law offices a call at 757-499-1841 or fill out our online contact form.
