Your original custody and visitation order was entered based on what the court believed was in the best interest of your child, at that time. The order may have been good initially, but time can, and likely will change these facts.
As circumstances evolve, you or the other parent may find it necessary to revisit and modify your original custody and visitation order. In these cases, the expertise of a Virginia Beach child custody lawyer from Melone Hatley, P.C., becomes essential.
Trust Us as Your Virginia Beach Custody Modification Lawyer
As trusted and experienced custody modification attorneys in Virginia Beach, our priority is to ensure you know your rights and have the legal support you need to reach your goals.
With Melone Hatley, PC on your side, you are never alone in pursuing your custody and visitation goals. We will fight with you every step of the way, including:
- Determining eligibility: We can provide you with guidance on what the court may or may not approve when it comes to requests for child custody and visitation modifications.
- Guiding you in managing the legal process: This includes filing the necessary petitions and working with you to negotiate and present your case to the judge.
- Supporting you through negotiations and confrontations: If the other parent is not in agreement with these modifications, the process can be more challenging but can ultimately net you a better result. Our team will guide you.
It is important to allow a Virginia Beach family lawyer from our firm to meet with you to discuss your needs and options and to provide you with the resources you need to move forward. The sooner you take action, the more help we can provide.
Understanding Child Custody Modification Criteria in Virginia
Virginia law outlines specific criteria for when and how a child custody order can be modified. A modification cannot be made solely based on your or the other parent’s desire for change. For a court to consider and approve a modification, certain conditions must be met:
- There must be a substantial and material change in circumstances that impacts your child.
- The modification must be in the best interest of your child.
Substantial and Material changes in circumstances can include:
- The development of an illness
- The loss of a job
- The maturing of a child
- One parent moving school districts
- Changes in work hours that make current care arrangements challenging
- Instances of neglect or harm to your child
In order for a modification to be granted, these changes must be significantly different from the conditions present when the original custody orders were established.
Ensuring the modification serves your child’s best interest involves:
- Demonstrating the proposed change supports your child’s needs, focusing on your child’s physical and mental health rather than your preferences or that of the other parent.
- Providing evidence that your child would benefit from a different living arrangement or environment.
At Melone Hatley, P.C., we are dedicated to guiding you through this process, ensuring that any proposed custody arrangement modifications meet these criteria and support the well-being of your child.
Virginia Beach Custody Modifications
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How to File Child Custody Modification in Virginia
If you believe you meet these requirements, we encourage you to reach out to our attorneys for immediate help. Our Virginia Beach custody modification lawyers have the experience to provide you with one-on-one help and guidance throughout this process.
This could safeguard your ability to secure the modification you seek without facing denial.
The first step is to understand what court actually has jurisdiction over your modification. If your initial custody and visitation order was entered with your divorce, you may need to go to the circuit court that entered your divorce. If your initial order was through the JDR court, you will likely need to go back to the JDR court that entered the order.
If your matter was initially in the JDR court, you may need to complete Virginia Form DC-630, which includes a detailed explanation of what is occurring and why this modification is necessary.
Also known as a “Motion to Amend or Review Order,” this document needs to clearly state the order requirements and the changes you wish to make while also outlining your reasons–what changes have occurred since the entry of the last order. Once the form is completed, it is filed with the clerk.
Depending on the urgency of your custody modification, it may take time before you get any notice from the court regarding a court date. When you do, you will be given a date and time for your hearing, which you must attend.
This initial hearing is for the court to understand exactly what each party’s position is and to schedule a trial date if one is necessary.
Do I Need a Lawyer for Custody Modification?
When you go to court for your evidentiary hearing, it is helpful to have an attorney by your side to guide and support you.
This can ensure your rights are heard and understood while also providing you with clarity on what legal obstacles you will face.
We will also ensure you are prepared for the questions you will be asked and will clearly demonstrate the benefit of your child modification request.
Who Decides on Modifying Your Child Custody Agreement?
A judge makes the decision to modify your child custody order or agreement. After reviewing the presented information, the judge has the discretion to maintain the current custody arrangement, implement the modifications you’ve requested, or devise an alternative solution they believe better serves the child’s best interestsThe fact that the court can determine a custody or visitation order that neither party requested underscores the importance of having legal representation to advocate for your position.
How Our Custody Modifications Lawyer in Virginia Beach Will Help You
Child custody modification must be taken seriously. Set up an appointment with our Client Services Coordinator to discuss the specifics of your case and to understand how you must proceed. A Virginia Beach custody modifications lawyer will then work with you throughout the process to help ensure your voice is heard.
- We will prepare your documents to ensure they clearly demonstrate the need for the child modification.
- Our attorneys will work with you to help you learn what questions you may have and how to answer them.
- We will create a legal strategy to support your case and protect the interests of your child
We also remain by your side. You do not have to go to court on your own. Instead, let us go to work for you to fight for the changes you need.
Set Up A Consultation With Our Team Now
Our Virginia Beach custody modifications lawyer is ready to help you. At Melone Hatley, P.C., we work closely with clients who need fast, reliable results in these matters.
Our team is committed to understanding your unique situation and crafting a strategy tailored to your needs. Count on our firm to protect your family, your finances, and your future.
Call us now to get the legal guidance you need.
