Life changes, and when it does, you may need to petition the court to adjust your child custody and visitation order to better align with you and your child’s new needs.
Our Richmond custody modifications lawyers at Melone Hatley, P.C., can provide you with the hands-on support you need during this complex process. Do not petition the court without having an experienced Richmond child custody lawyer by your side to help you.
What Is a Modification of Orders?
When child custody, visitation, and support orders are established, both parents are required to maintain them as written. Over time, these orders can become muddled or no longer apply as people adjust to their new lives. A modification of orders is a request to the court to change the current terms and conditions to meet the new realities of your life.
The court does not have to approve modifications of custody and visitation orders. The court will only do so when you can show that there has been a substantial and material change in circumstances since the last order and that the change is in the best interest of your child.
When you work with our Richmond family lawyers, we are your partner through this process. This means we ensure that you understand your legal rights and outline court requirements for any modifications. We then work closely with you to provide you with options and create a new, workable solution.
When possible, we aim to ensure both parents are on the same page but will fight for your rights when that is not the case.
When Can You Request Child Custody Modification in Richmond, VA?
To request a modification to your child custody agreement, you must show that there has been a substantial and material change since the entry of the last order and show the court why this modification may be necessary and how it impacts your child. Some of the reasons why this may occur include the following:
- School: Changes to where your child will go to school could impact scheduling issues or may limit parenting time, especially as your child gets older.
- Substance abuse: When your child’s health or safety are at risk, modifications are essential. This can include instances where there is obvious substance abuse occurring.
- Illness: If one parent becomes ill or suffers a disabling condition that limits their ability to care for their child, that could be a key factor to consider.
- Criminal charges: If one parent is convicted of a crime and sent to jail, that could be a reason to adjust child custody agreements.
- Cohabitation with Another: If one parent moves in with someone who may be a danger to the child.
- The child’s desire: Older children who can express their desire for modifications to living arrangements can do so, and that could mean spending less or more time with one parent.
- Relocation: A common reason for modification occurs when one parent moves a significant distance, making it hard to facilitate the existing child custody agreement. However, it is important to note that moving does not automatically warrant additional rights.
- Child abuse or neglect: Proven child abuse or neglect is also a reason to adjust child custody.
- Financial changes: There are some situations where it becomes difficult for one parent to maintain full custody due to a job loss or limited income, which can impact their ability to care for their child properly.
These examples are common reasons for child custody modifications in Richmond, but there are others. As your Richmond custody modifications attorney, we will present your position to the court logically, demonstrating the need and impact on your child.
Richmond Custody Modifications
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How an Attorney Will Help with Richmond Custody Modifications
If you believe your child custody agreement needs to be modified, your first step should be contacting an attorney who can provide you with insight into court preferences.
You need to view this modification in the light the court does and whether it is beneficial to the child. Our Richmond child custody modification attorney will help do this in several ways:
- Present clear evidence of the claims: When we petition the court for a change, we want to present a clear and detailed outline of why this needs to happen. The key is to showcase the importance of what this change means for your child’s well-being and best interests.
- Present an alternative custody agreement: Unless there is a danger to your child, modifications should still include ways for both parents to be involved in your child’s life. By presenting these options to the court, they may be able to see the value in making the change.
- Demonstrate the impact on your child: If you are petitioning the court to reduce time with the other parent, make sure to demonstrate the impact this will have on your child. You should specifically address what can be done to minimize any negative impact in such relationships.
A judge will issue a court order that includes all of the agreed-upon requirements of your child custody changes. Remember, the court does not have to approve these changes, and if you do not put forth enough evidence to prove their value, they may not.
When you work with our custody modifications lawyers, we will ensure any petition to the court demonstrates its merit.
Schedule a Consultation with One of Our Richmond Client Services Coordinators
Before you petition the court, meet with our Richmond custody modifications lawyer to discuss your case, needs, and goals so we can prepare you for the opportunities ahead.
At Melone Hatley, P.C., we work closely with our clients to ensure the best possible results in these life-changing cases. Contact us to schedule a consultation now and learn more about how we can help you.
