Life changes—and so can your custody or support order in Virginia. If you’re dealing with a shift in income, a move, or concerns about parenting time, you may wonder whether it’s possible to adjust a court order. Fortunately, Virginia law provides a process for modifying child custody and support when circumstances warrant it.
Modifying Custody in Virginia
To modify a custody or visitation order, the requesting parent must prove:
1. A material change in circumstances has occurred since the last order.
2. The requested change is in the best interests of the child.
Examples of material changes include:
– A parent relocating or remarrying
– A change in the child’s needs or preferences
– Evidence of parental unfitness or interference
– Job loss or significant schedule changes
The court will revisit the best interests of the child factors under Virginia Code § 20-124.3 to determine if the modification should be granted.
Modifying Child Support in Virginia
Child support can also be modified under Virginia Code § 20-108 if:
– A parent’s income increases or decreases significantly
– A parent becomes responsible for other children
– The child’s needs change (e.g., health issues, education costs)
– Parenting time is significantly increased or decreased
The Virginia child support guidelines will usually be recalculated based on new income and custodial arrangements.
How to File for Modification
– File a Motion to Amend or Review the prior order with the appropriate Juvenile and Domestic Relations District Court or Circuit Court.
– Serve the other party with notice.
– Attend a hearing where both parties present evidence.
Tips for Success
– Keep detailed records (paystubs, calendars, communication logs)
– Try to resolve disputes cooperatively or through mediation
– Consult a family law attorney to ensure your motion is complete and persuasive
If your circumstances have changed, you don’t have to be stuck with an outdated court order. Virginia courts recognize that parenting and financial needs evolve—and they provide a clear path to make legal changes that reflect current realities.
If you have questions about your family law matter or want guidance tailored to your situation, contact the experienced attorneys at NOVA Legal Professionals. We serve clients across Northern Virginia with compassionate and strategic legal support. Call us today to schedule a consultation and learn how we can help protect your rights and your future.
