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Motion To Modify Temporary Orders In Fairfax
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State:
Multi-State
County:
Fairfax
Control #:
US-000299
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FAQ
Virginia Code § 20-108 allows for modification of a custody or visitation order when (1) there has been a material change in circumstances and (2) it is in the best interest of your child to modify the custody or visitation provisions (or both) of the order.
The material change in circumstances that is required for a court to modify a custody and visitation order is very case specific, but some examples of possible material changes include: a parent has moved; a parent has remarried or had another child; the child's educational or health needs are not being met; the ...
The Process of Filing for Modification Initiating a modification starts with filing a petition for modification in the court. This petition should detail the changes in circumstances or the child's needs and be accompanied by relevant supporting details and documentation.
Filing for Temporary Custody in Virginia Courts Parents seeking temporary custody must file their case through the appropriate Virginia court system. The Juvenile and Domestic Relations District Court (J&DR) primarily handles custody matters, unless they're part of an ongoing divorce case in Circuit Court.
The Process of Filing for Modification Initiating a modification starts with filing a petition for modification in the court. This petition should detail the changes in circumstances or the child's needs and be accompanied by relevant supporting details and documentation.
To modify the order, you must show the judge there is an issue that cannot wait to be resolved at trial. These matters include such issues as child endangerment or a parent violating the terms of the order. To modify temporary custody orders, you will need to include your reasoning for filing a motion to modify.
What Constitutes Change in Circumstances? What constitutes a material change in circumstances is very fact specific. ing to Virginia Code § 20-108 intentional withholding of visitation may constitute a material change of circumstance.
To request a modification of a court order, you will likely need to show that there has been a substantial change in circumstances that has happened since the order was issued. You will need to go back to the court where your order was issued and file modification forms.
​ Decide whether you agree with the Motion filed by the other party. ​ If you agree with the Motion, work with the other party to complete and file a Stipulation. ​ If you decide that you oppose the Motion (or some part of it) complete and file a Statement Opposing the Motion and its supporting documents.
To modify the order, you must show the judge there is an issue that cannot wait to be resolved at trial. These matters include such issues as child endangerment or a parent violating the terms of the order. To modify temporary custody orders, you will need to include your reasoning for filing a motion to modify.