Legal Question in Family Law in Virginia

Changing Seperation Agreement and Decree?

If we agreed to custody and visitation and it was in a signed seperation order and also in our final decree can my ex now have that changed?He is engaged to the thing he was cheating with and my child doesn't want to be around her but he seems to be trying to force her.There is currently a court order for the girlfriend to not be around me for making threatening calls to my phone. Will she be allowed around my two minor children when she can't be around me?My ex has court ordered visitation with our oldest from when we seperated in 2001 and he is not to have her around anyone of the oppposite sex thats not immediate family memeber,if they get married will that make her immediate family to my kids?When me and my ex seperated this time it was March 2004,he made no attempt to see our child for over 2 years.He finally called and wanted to see them in September 2006.I allowed him to come to our house and visit them.This was the first time he had been around our youngest who was now 2.In November 2006 we were talking during a visit and out of nowhere he started yelling at me in front of the kids.He hasn't seen them since.I feel like once he's married he will demand they go with him.Will I have too make them go?Could I win in court?


Asked on 12/15/06, 5:14 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Changing Seperation Agreement and Decree?

Matters involving child custody, visitation, and

support can always be reviewed by a court and changed if there's a material change in one or more of the circumstances/factors bearing on the best interests of the child(ren)involved and which the court by law is bound to consider. And it makes no difference whether the previous arrangements agreed to by the parties were memorialized in a PSA(property Settlement Agreement)or were in fact ordered by the court as a result of some other action taken by one of the parties.

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Answered on 12/15/06, 9:09 am


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