Legal Question in Family Law in Virginia
Custody Change Issues
I am interested in determining what qualifies as a material change in circumstances. My husband has been divorced for 10 years. His ex-wife has had sole custody for the entire time. The child has had increasing behavioral issues in all social circumstances over the years - increasing over the past two years. At present, he is reported as being in trouble on the school bus, at his daycare (his mother MAY have been requested to make other arrangements for him), repeatedly at school, even at Sunday School. His grades have been deteriorating for the past couple of years and we get repeated reports that he isn't doing or turning in his homework. The ex-wife's job takes her out of town and out of the country with some frequency. Do we have any recourse in seeking a custodial change?
1 Answer from Attorneys
Re: Custody Change Issues
Although there is no guarantee I would say the facts you suggested constitute a material change in circumstances. However, please keep in mind that is just the standard to petition the court to modify a previous court decree. Once you cross that hurdle (which actually isn't very high in practice) then you must show that it is in the best interest of the child to reside with you and your husband rather than with his ex-wife. The factors you suggested as to the child's performance in school and behavior difficulties are certainly the factors the court will look to in deciding custody. But you may not have to petition the court for custody if a previous court order was given to the mother. You say that she has had the child all this time but was that by agreement or by court order?
You have a strong case to petition the court. If you need further help, please feel free to call me at either 703-598-9220 or 301-652-0663.
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