Legal Question in Family Law in Virginia

Yes, the situation described (depending upon the length of time) would seem to

constitute a sufficient material change in circumstances that would

justify a motion on your part to modify the previous order and award you

the sole physical custody that had been previously given to the father.

And, of course, in the event that you were awarded such custody,

you would also be entitled to child support.

Everything regarding custody, vistation, and support is modifiable.

It is important that you file for modification of custody and of support. If there was a support order requiring you to pay child support to him, you still owe the support to him until a court says otherwise.