A custody order reflects your family at one moment in time – but children grow, parents remarry, jobs move, and what worked for a toddler makes no sense for a teenager. Virginia law recognizes this. Custody and visitation orders are always modifiable, and modification cases make up a large share of our custody practice in Roanoke and Salem.
The Two-Part Test
To change a custody order, Virginia courts apply a two-part standard: first, there must be a material change in circumstances since the last order; second, the requested change must serve the best interests of the child. Both parts are required – a big change that does not benefit the child fails, and a beneficial idea without changed circumstances fails too.
What Counts as a Material Change
- A parent’s relocation for work or family
- Significant changes in a parent’s work schedule or living situation
- The child’s evolving school, health, or activity needs
- A parent’s remarriage or new household members
- Substance abuse, neglect, or a deteriorating home environment
- Persistent violations of the current order – missed exchanges, blocked visitation
Where Modification Cases Are Heard
Most modifications proceed in the juvenile and domestic relations district court that entered or received the order – for our clients, typically the Roanoke City J&DR Court or the courts serving Salem and Roanoke County. These courts see families repeatedly, and credibility built through reasonableness pays off over the life of a case.
Do Not Self-Modify
A tempting mistake: parents informally agree to a different schedule and never update the order. When cooperation later breaks down, the written order controls – and the parent who deviated from it can end up on the wrong side of an enforcement action. If your arrangement has genuinely changed, put it through the court. It protects everyone, including the kids.
Talk to a Custody Lawyer in Roanoke or Salem, VA
Advocate Law, PLLC helps parents throughout Roanoke, Salem, and the surrounding valley with custody, divorce, and family law matters. Call (540) 343-9800 or contact us online to schedule a consultation.