This form is motion for modification of a prior custody divorce decree in order to obtain sole custody of a minor child on the grounds that the present custodial parent is unfit to continue to have sole custody of the child. This form is a generic example of such an motion that may be referred to when preparing such a pleading for your particular state.
Virginia Motion for Modification or Amendment of Prior Custody Order in Divorce Decree to Obtain Sole Custody of Minor Child Due to Unfitness of Custodial Parent
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How to fill out Motion For Modification Or Amendment Of Prior Custody Order In Divorce Decree To Obtain Sole Custody Of Minor Child Due To Unfitness Of Custodial Parent?
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Consult with a Virginia Divorce Attorney Today If you can show that there was a significant change in your circumstances from the time of agreement to now, you may be able to have your agreement modified. However, a Virginia divorce attorney would be able to best represent this argument on your behalf.
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.
Custody or visitation, child or spousal support generally. A. In cases involving the custody, visitation or support of a child pursuant to subdivision A 3 of § 16.1-241, the court may make any order of disposition to protect the welfare of the child and family as may be made by the circuit court.
The circuit court shall advance such appeals on its docket and may stay the order of the juvenile court during the pendency of the appeal. The circuit court may affirm or reverse the order of the juvenile court. Upon reversal, the circuit court may remand the case to the juvenile court for an alternative disposition.
A ?substantial change? may include new developments with the custodial parent such as serious health issues, a change in address that complicates the child's routine, a change in the parent's working hours, problematic alcohol or drug use by the parent, or instances of child abuse or neglect, and so on.
In determining custody, the court shall give primary consideration to the best interests of the child. The court shall consider and may award joint legal, joint physical, or sole custody, and there shall be no presumption in favor of any form of custody.
The parent asking for a child custody agreement modification needs to file a motion to do so with the courts. In Virginia this is typically done in the same Juvenile and Domestic Relations District Court that ordered the original custody agreement, although there may be some exceptions, such as if one parent has moved.