If you are going through a divorce with children, you know fighting for child custody is emotionally and financially draining. This is especially true because the court will make the final decision. If you and the other parent cannot agree on custody, then the Virginia courts will consider your child’s best interests and make the final decision.
When the courts make decisions for child custody arrangements, it can lead to dissatisfaction and resentment. To make legal modifications to your custody order, speak with a Loudoun County custody modifications lawyer from Melone Hatley, P.C. today. Having a Loudoun County custody lawyer by your side can help you through Virginia’s tricky modification process.
Modifying Child Custody in the State of Virginia
A custody battle in Virginia should come down to a decision made in your child’s best interest. When this occurs, a custody order is entered, which both parents are required to follow.
If the interests of your child change or one parent’s situation shifts, this order can be modified by a Loudoun County family lawyer.
Virginia law offers the framework for modifying or changing a custody and visitation order, which is found in the Code of Virginia §20-108. This code allows for modifications and changes to be made to custody and visitation orders, taking into account changes in the situations of both parents. For example, if a parent deliberately prevents their child from seeing the other parent, a need for modification could be triggered.
In general, support orders cannot be modified retroactively. However, they can be modified at any time in which a petition is still under consideration in the courts. A Loudoun County custody modifications lawyer can help you with such modifications and further explain this code.
Child Custody and Visitation Modifications
The main goal of custody modifications is to get an order that represents the best interest of your child. The custody and visitation order should be as fair as possible to both parents. However, this is not always how it works.
Some of the most common reasons a parent files for a custody and visitation order modification in Loudoun County include:
- A change in your child’s wishes: If a child decides that they wish to spend more time with one parent instead of the other, these wishes will be taken into account. However, the court will not always consider a change in the child’s wishes to be a material change.
- Relocation: If one parent plans to move further away from the other, your child custody agreement will need to be modified.
- A change of school: Similar to the above reason, modifications could be made if a parent is in a better school district and your child wishes to switch schools. However, if one parent moves further away, your child will likely stay where they are so as not to change too many things in their life.
- A new significant other: If one parent is worried about their child being around the other parent’s new significant other, modifications can be made so your child is not around the new partner too often. Especially if the new partner has a history of criminal behavior.
- Financial issues: When money becomes an issue for one parent, modifications must be deliberated. Changes may benefit your child.
- Child abuse or child neglect: In a case of child abuse or child neglect, the courts will move fast to relocate your child and modify the original custody order. In Virginia, DSS defines the scope of child abuse and neglect as physical or mental injury, except for an accident caused by the parent or caretaker of a child who is under 18.
Modifications to Child Support
Parents are always obligated to support their children financially. The extent of child support will depend on the needs and financial abilities of the two parents involved. Child support is determined by the combined income of both parents, following Virginia Code 20-108.2.
Child support obligations are calculated based on a set formula. The total amount that needs to be paid by a parent will be calculated based on these factors:
- The total income from all sources for each party involved
- Expenses that are related to your child, such as schooling, daycare costs, food, etc
- The costs of a child’s health care and insurance
Once the total is calculated, child support obligations will be proportionate to each parent’s share of the total calculated income. For example, if a father contributes 60% of wages to the total spousal income, he will be responsible for paying 60% of child support.
Child Support Review and Modification Criteria in Virginia
If three years have passed since the support order was finalized, either parent can request a review or support modification. If your case is being handled by DSS, this can be done by filling out the Virginia DSS form and including all information it requires. If your case is not being handled by DSS, then you will need to file for modification in the JDR court or Circuit Court.
However, if it has been less than three years since action was taken on a child support order, a review can be considered under the following circumstances.
- If there has been an addition of a child
- If your child is no longer eligible for child support
- If there was a change in health care costs
- If health care needs to be added
- If there has been a significant income change for either parent, resulting in an increase or decrease of income by at least 25%
- If there are shifts in your childcare expenses
It is worth speaking with a Loudoun County custody modifications lawyer to discuss options for modifying child custody or support.
There is no limit to the number of modifications that can be made, and the courts will consider each motion filed as long as there is a substantial and material change since the entry of the last order.
How a Custody and Visitation Modifications Lawyer in Loudoun County Can Help Your Claim
Virginia’s child custody and visitation laws demand careful attention and knowledge from parents seeking modifications. Having a dedicated custody modifications lawyer in Loudoun County by your side is your first step to a successful modification. The right legal support can greatly impact the success of your case, offering the expertise and guidance necessary to advocate for the best interests of your child.
At Melone Hatley, P.C., we have a skilled team of family lawyers ready to help you with your case. With over 50 years of combined experience, speaking with a custody modifications attorney in Loudoun County from our team can offer you much help during the legal process.
As a woman-owned family law firm, our top-rated lawyers understand what these child custody cases entail and know how to deal with modifications through the courts. Your Loudoun County custody modifications attorney will help you petition for custody and modifications through the straightforward legal processes we practice.
Loudoun County Custody Modifications
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Allow the Melone Hatley, P.C. Law Team to Help Your Case
When life brings significant living changes that warrant a modification in custody agreements for your child, it is worth having skilled assistance on your side. By getting in touch with our team at Melone Hatley, P.C., we will offer all the knowledge and support needed for a successful outcome in your child modification claim.
Contact us to schedule your free consultation with one of our Client Services Coordinators in Loudoun County. We will get to know you and the specifics of your claim. From there, client-tailored solutions will be determined to meet your needs and your child’s needs.
