Renny
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Reged: 09/24/11
Posts: 479
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Re: Can this be used for modification of custody?
12/17/11 01:10 PM
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Virginia Code § 20-108 requires the party petitioning the court for modification of a custody order to prove that (1) there has been a material change of circumstances since the entry of the last order, and (2) it is in the best interest of the children to modify custody.
The change of circumstances may be either positive or negative. A positive change could be a parent's remarriage or getting a new job with either a higher salary or more flexible work schedule. A negative change could be a child developing behavioral problems, one parent struggling with substance addiction, or a criminal conviction of a parent.
The change of circumstances must take place after the entry of the last order in your case-- it cannot be based on testimony or evidence that pre-dates the entry of the last order.
As our prior blog posting, Denial of Visitation and Modification of Visitation Orders In Virginia explained in more detail, a parent's denial of court-ordered visitation may also be a material change of circumstances allowing for a modification of custody.
In evaluating the material change of circumstances required for custody modification, the Judge will make a factual determination based upon the specific facts of your case. If the Court determines that there has been a material change of circumstance, the Judge will then examine the best interests of the children by examining the ten factors codified in Virginia Code § 20-124.3. These are the same factors that were considered at the initial custody hearing, and include the age of the children; the health, needs, and relationship that each child has with each of their parents; and for any child of sufficient age, the child's preference as to custody./quote from a va blog.
It appears there is no two year waiting period for modification in va.
What the order says is what governs. "misunderstandings" in the sense that the judge didn't grant you what you asked for or wht you assumed are generally not grounds for modification. If you have a transcript of the hearing and you can show a clear mistake, then you could ask for a correction. Here it seems the order and it's findings are pretty clear.
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