Legal Question in Family Law in Virginia

Re: Change of circumstances

That's the million-dollar question. It can range from losing a job, to one parent moving a state away, etc. A better question is what are your circumstances?

Re: Change of circumstances

A great question! And one that is very hard to answer because what consitutes "materiality" is subjective with the Judge who decides it. The Courts have not been very helpful.

My best advise is to consult the factors in the Virginia Code for what constitutes the BEST INTERESTS OF THE CHILD - Va Code Section 20-124.3. You can find these online - search "Virginia Code". If any one of these ten factors have changed than this is a good indication.

Historically it can constitute a remarriage, other persons living in the house, moving to another location, the changing needs of the child. One case makes an attempt at a definition:

A party seeking to modify an existing custody order bears the burden of proving that a

change in circumstances has occurred since the

last custody determination and that the

circumstances warrant a change of custody to promote the children's best interests. In

deciding whether to modify a custody order, the

trial court's paramount concern must be the

children's best interests. However, the trial

court has broad discretion in determining what

promotes the children's best interests.

Brown v. Brown, 30 Va. App. 532, 537-38, 518 S.E.2d 336, 338 (1999) (citations omitted). "Whether a change of circumstances

exists is a factual finding that will not be disturbed on appeal if the finding is supported by credible evidence."

There you have it. Not very helpful.

The best tactic is to bring your specific factual circumstances to a competent attorney and have them evaluate your case.

Good luck!