Legal Question in Family Law in Virginia
Material Changes
My husband filed papers to try and have more visitation with his kids. We spoke with a Lawyer and the Lawyer said that this was going to be looked down on since we have No change in material circumstances. Since my husband and his ex split and custody was set, my husband has remarried and we now have a child together. So what is Material Changes?
1 Answer from Attorneys
Re: Material Changes
Material changes in this case would appear to be significant changes in the lives or circumstances of the children or mother or your husband which could impact the issue of visitation. However, if the father is merely making a reasonable request for more visitation with his children, I doubt that any court hearing the matter "would look down" on his efforts or regard them with disfavor even if there haven't been such discernible changes. (Which doesn't necessarily mean that the court will rule in his favor).