Yes, it is possible to have a child visitation or child custody orders modified in Virginia. These orders are typically issued by courts when two individuals had a child together but are no longer in a relationship, have divorced, or have legally separated.
A child’s parent may be able to request a modification or change to their existing visitation or custody order for several different reasons, which may include, but are not limited to:
- One parent is not following the terms of the order
- One of the parents thinks their child may be in danger
- A parent wants to move to a different state
- The child’s custodial parent is incarcerated
- The custodial parent passed away
In the State of Virginia, similar to other states, these types of orders may be modified if they no longer function for the parents involved or if the parties are no longer able to follow their terms. If a parent has a valid reason to request a modification of their current order, they can petition the court following the requirements under Virginia laws.
For more information on the process for requesting a modification of a child custody or visitation order in Virginia, it may be helpful to have a legal consultation with a local attorney in Virginia.
When Can You Modify a Custody or Visitation Order?
A child visitation or custody order may be modified if a parent has proper grounds to make a modification request. There are certain grounds that can allow for a modification, such as changes in the child’s needs or changes in a parent’s employment situation. Every court in every state, including Virginia, follows the child’s best interest standard when making child custody decisions, including a modification of a child visitation or custody order.
A visitation or custody order can also be modified when one parent is not following the requirements of the order, for example, not completing their scheduled visits. When this happens, the court may determine that it is no longer in the best interests of the child for that parent to have visitation rights.
Child abuse is another important ground to modify a child visitation or custody order. Courts consider these situations to be very serious and an immediate danger to the child’s well-being.
A modification can also be made when a parent is able to demonstrate that they have recovered from a previous issue, for example, a substance abuse problem. When the parent recovers from this type of issue, they may want to become more involved in the child’s life.
A parent can request a modification and present evidence to the court that they have successfully recovered. They can complete a program and obtain a certification, which may allow them to get increased rights.
How to File a Petition for Modification of Child Custody or Visitation Order
When a parent wants to make a modification to their visitation or custody order, they will need to file a petition with the proper court. When a parent files a motion to modify their order, they will likely need to provide the following information:
- The names and contact information of both of the child’s parents
- A copy of the current visitation or custody order
- The reasons why the parent is asking for a modification
- The requested modifications to the current visitation or custody order
In most cases, the parent making the request will need to pay a filing fee, which can vary by location. The court may also require other forms to be attached to the modification request.
Because of the different requirements, it is important for a parent to consult with a lawyer to ensure they properly file their request.
If a child’s parent has an attorney, their attorney will draft their request and properly file it with the court. Having an attorney file the request ensures that it meets all the requirements of the jurisdiction.
When a modification request is received, the court will most likely schedule a hearing where both of the parents attend and present arguments about the modification. When the parents participate in family mediation, they may be able to come to an agreement that services their needs and situation.
Mediation is a negotiation process that occurs outside of the courtroom. It is led by a neutral third party, called a mediator, who facilitates discussions between the parents to help them reach compromises on as many issues as they can.
Requests for modifications of child visitation or custody orders may be denied, granted, or modified in some other way that is determined by the court to be in the child’s best interests. If a child’s parents can reach an agreement outside of court, their attorney will draft the terms in writing and submit them to the court for approval.
How Long Does It Take To Get a Modification?
The length of time it will take to obtain a modification of a child visitation or custody order will vary depending on many different factors. It takes an average of several weeks to several months for a modification to be finalized.
Factors that can have an effect on the length of time it will take to obtain a child custody modification can include, but are not limited to:
- If the parents are able to cooperate with one another and resolve their issues quickly
- The court’s schedule and when they are able to schedule the hearing
- How complex the requested changes are
- If the issues are complex, courts may require more time or evidence to make a decision
What Are Temporary Child Custody Modifications?
Temporary child custody modifications are temporary changes that are made to child custody orders that only last for a specific amount of time or for a short time. These short-term modifications can help with temporary issues that may arise, such as:
- If a parent has a financial difficulty
- If a parent has a new job with a new schedule
- A parent is incarcerated
- When a parent is in the military and is deployed
- When a parent has a health issue
- When there are safety or health concerns involving the child
In many cases, a date or event will be included in the modification that states when the original order will go back into effect. If there were allegations of child abuse, temporary orders can be used to remove children from a home while the allegations are resolved.
Do I Need a Lawyer To Modify a Child Custody or Visitation Order?
If you are a parent in Virginia who would like to ask for a modification of your current child visitation or custody order, it is important to consult with a Virginia child custody lawyer. Your attorney can help you through the modification process, including drafting and submitting your modification request and ensuring that your parental rights are protected.
If you are required to attend a mediation or hearing, your attorney will be there to represent you. You can use LegalMatch’s lawyer matching services at no charge to find an attorney near you who can help.
You can submit your question or concern on the website in only around 15 minutes and get responses from member lawyers in your area in as little as 24 hours. The responses you receive will have information about the attorney’s background, fees, as well as reviews from previous clients.
