How to Modify My Existing Custody Order

Can I Modify a Custody Order in Virginia?

It’s common for custody orders to become obsolete as a child grows up. For example, when young children start out by alternating weeks with each parent, that arrangement might become cumbersome as they get older and must keep up with schooling, extracurricular activities, and sports while also moving between homes. Hire a child custody attorney in Yorktown Virginia because what may have worked when your child was in kindergarten might not work for your teenager in high school.

If you and your ex-partner agree to change the parenting arrangement, the court will approve it. If you can’t agree, the parent who wants to make a change may file a formal request for a modification with the court. But it’s important to understand that you must follow the original order until the judges approve a new one.

It’s a common misconception that children can refuse to attend parenting time with either parent. Until a child is 18 years old, a judge has the right to require that child to spend time with both parents. The custodial parent must ensure that the child follows the court orders—or risk being in violation (contempt) of the court order for withholding custody.

When you’re requesting a change in custody or parenting time, the law requires you to show that there has been a significant change in circumstances to justify the change. You’ll also need to prove that the change would be in your child’s best interest. Even if you’ve shown that circumstances warrant a review, the judge will re-evaluate your case using the same factors as the initial determination.

Montgomery Kelley & Dennett are here to help!

Are you in need of a Child Custody Attorney to modify your existing child custody order and live in the Yorktown, Virginia area? At Montgomery, Kelley & Dennett we have decades of combined legal experience and will aggressively pursue your case.