Legal Question in Family Law in Virginia

material change in circumstance

Right now I drive my daughter to her dad's house every other weekend during the school year for his visitation (3 hours, one way) with my other 4 children in the car with me (they're from other relationships...blended family). This driving gets my other kids to bed around midnight on those Fridays (putting their health and wellbeing at risk). My last court order stated I do this, which resulted in me losing my home daycare clients. I asked in court the other day that we ''meet in the middle'', as well as to add a week to my summer visitation time with my daughter, but I was told that there's no material change of circumstance to warrant the amendment. I was told my other children aren't factors in this as 2 were born after my daughter, and 1 is a stepson, as well as losing my home daycare clients which caused me to lose $1000/month income, weren't material changes in circumstance. What exactly would warrant change then!?!


Asked on 7/17/07, 12:43 am

1 Answer from Attorneys
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: material change in circumstance

The material change of circumstances is directed to the best interest of the child--not your other children or just you. For an order to be modified the substantial change of circumstances must adversely impact the child's best interest.

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Answered on 7/17/07, 1:03 am


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