If you suddenly find yourself in a situation where your circumstances demand a child custody modification, you're not alone. Life is unpredictable—and the arrangements that seemed fine when your divorce was finalized may no longer work for your family’s current needs.

Virginia courts value stability and consistency in a child's life. If you want to obtain a custody modification, you must demonstrate how the proposed change will positively impact your child's well-being despite disrupting their routine. This process can be fraught with legal complexities and emotional challenges, but Hampton Roads family law attorney Lu Aloupas offers the guidance you need to script a brighter future for you and your family.

Reasons for Child Custody Modification in Virginia

If you are seeking a modification in your child custody agreement, you must have a reason for the change that has occurred since the date of your last court order regarding custody and parenting time. If the matter was previously litigated or known but not raised at trial, it wouldn't qualify as the basis for a modification.

Under Virginia law, the parent seeking a custody modification bears the burden of proving that the proposed change is necessary and in the child's best interest.

Child support payments are considered a separate issue from child custody, so the non-custodial parent's failure to pay the required support will not affect physical custody and parenting time. However, relocation, parental work schedule changes, and safety concerns related to the child's living conditions are valid reasons to seek a custody or parenting time schedule change.

Relocation. If one parent needs to move due to work, family, or other reasons, it can impact the existing custody arrangement, requiring modifications to ensure the child's well-being.

Change in parental work schedules. A significant change in a parent's work schedule can affect their ability to fulfill their custodial responsibilities, making it necessary to change custody and parenting time schedules.

Abuse, neglect, or unfavorable changes in the child's living conditions. If the child's current living conditions are no longer suitable or safe, a custody modification may be sought to protect their well-being. This includes cases where domestic violence is a factor.

The Child Custody Modification Process

Modifying child custody orders in Virginia is a lengthy process. First, the parent seeking the custody modification must file a petition with the court that outlines the reasons for the requested change. The Juvenile and Domestic Relations Court handles most cases. However, the Circuit Court can handle custody and support issues for parents with a divorce case.

The petitioning parent must demonstrate a significant change in circumstances that warrants the modification. The court's primary consideration in custody modifications is the child's best interest, as outlined in Virginia Code § 20-124.3. Therefore, working with a family law lawyer to build a strong case supported by relevant evidence is crucial.

In some cases, mediation may be required to resolve disputes and reach an agreement between the parents. Mediation is a form of alternative dispute resolution (ADR) used to resolve conflicts and disputes between parties in a cooperative and non-adversarial manner.

If mediation is unsuccessful, the court will schedule a hearing where both parties can present their arguments. Please note that members of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, or any other reserve component are entitled to an expedited petition on the docket of the court under Virginia Code § 20-108.

The existing custody arrangement remains legally binding until the court issues a new custody order. You must comply with the current order even while seeking a modification.

What to Expect When You Work With Our Hampton Roads Family Law Attorney

Lu Aloupas, the founder of Aloupas Law, is an indispensable ally throughout the child custody modification process. When you work with our law firm to resolve your custody issues, you can expect the following:

Legal expertise. As an experienced attorney, Lu understands Virginia's family law system and can navigate its complexities efficiently.

Evidence gathering. Lu will help collect pertinent evidence to support your case, ensuring a compelling argument for modifying the child custody order.

Negotiation skills. In cases where mediation is required, Lu can negotiate on your behalf to reach a fair resolution with your child's other parent.

Court representation. Lu will protect your rights and present a persuasive case if your case goes to court.

Do You Need Help With a Virginia Child Custody Issue?

Contact us today to discuss how Aloupas Law can assist you with your child custody needs. We are proud to serve clients in Chesapeake, Virginia Beach, Norfolk, Portsmouth, Hampton, Newport News, and the surrounding areas of Tidewater Virginia. 

Child support is more than a financial obligation; it represents the foundation upon which a child's well-being and future are built. It ensures children have the resources they need to thrive in all aspects of life regardless of the relationship between their parents.

Factors Affecting Child Support Payments

Child support calculations in Virginia are based on guidelines that consider the following factors: 

Income of both parents. The court assesses each parent's gross income, including wages, salaries, bonuses, commissions, pension, and other sources of income.

Child custody arrangements. The number of overnight stays with each parent is factored into the calculation.

Support of other children. If either parent already provides support for children from a previous relationship, that support is considered.

Health insurance and childcare costs. The cost of health insurance coverage and reasonable childcare expenses are included in the calculation.

Extraordinary expenses. The court may consider extraordinary expenses related to the child's education, health care, or other necessary needs.

The court does not consider these factors:

Child's income and assets. Child support is primarily based on the income of the parents. The child's own financial resources, such as earnings or inheritance, are generally not considered in the calculation.

Expenses unrelated to basic needs. While child support covers the child's basic needs, such as housing, food, clothing, and medical care, it typically does not factor in extracurricular activities, educational expenses beyond basic needs, or other discretionary spending.

Parental marital status. Whether the parents are married or divorced does not impact child support calculations. Child support is determined based on each parent's financial responsibility towards their child, regardless of their marital status.

Spousal support payments. Child support and spousal support are separate legal obligations. Payments for spousal support do not affect child support calculation after a Virginia divorce.

To estimate the potential child support amount, you can use Virginia's child support worksheet, which is available on the Virginia Court website. However, remember that this is just an estimate, and the court will make the final decision based on the unique circumstances of each case.

Payment Duration

Child support payments in Virginia typically last until the child reaches the age of 18, or until the child graduates from high school, whichever occurs later. However, there are a few circumstances that may change the child support obligation:

Emancipation. Child support may end earlier if the child becomes emancipated before age 18. Emancipation can occur if the child gets married, joins the military, or becomes self-supporting.

Special needs or disabilities. If the child has special needs or disabilities that require ongoing support and care, the court may order child support to continue beyond the age of majority.

Voluntary agreements can also be made to extend child support payments. This often involves a divorced parent agreeing to provide support while a child over age 18 is a full-time college student.

Modifying a Virginia Child Support Order

Virginia courts recognize that child support agreements may need to be modified as circumstances change. Some common reasons for seeking a child support modification include a substantial increase or decrease in income for either parent, a change in custody or parenting time arrangements, or a change in the child's needs.

If you would like to seek a child support modification, gather relevant documentation such as recent pay stubs, tax returns, and proof of changes in expenses. Then, family law attorney Lu Aloupas can help you file a petition to modify child support with the appropriate court. In Virginia, this is typically done in the Circuit Court or the Juvenile and Domestic Relations District Court in the county where the original child support order was issued.

After the petition is filed, there will be a court hearing. The judge will make a decision after reviewing the arguments presented by both parents.

Get Help With Your Virginia Child Support Needs

Contact us today to learn more about how Aloupas Law can assist you with your Virginia child support needs. We are proud to serve clients in Chesapeake, Virginia Beach, Norfolk, Portsmouth, Hampton, Newport News, and the surrounding areas of Tidewater Virginia. 

DIY divorce kits may seem like a quick and easy way to end your marriage, but they can be dangerous. Without legal counsel, you may overlook issues related to the distribution of marital assets, child support, child custody, and other matters that could have lasting consequences. 

A divorce settlement is a legally binding court order, so mistakes made during the DIY divorce process can be difficult to correct. Seeking guidance from Hampton Roads divorce lawyer Lu Aloupas now helps prevent future problems that could put you and your children at risk. 

DIY Divorce Dangers

Some may contemplate taking the DIY route when it comes to a divorce, hoping to save money or evade what they think are the complications of working with an attorney. However, there are significant financial, legal, and emotional risks associated with attempting a DIY divorce. 

Financial Risks

While it might seem like handling your own divorce could save you money upfront, mistakes made during the process can lead to costly consequences down the line. For example:

Failing to properly divide assets and debts can result in unfair settlements that leave one spouse at a severe disadvantage.

Inaccurate child support or spousal support payment calculations can create ongoing financial burdens.

Misunderstanding tax implications related to property division can lead to unexpected liabilities.

Legal Risks

Navigating complex family law statutes without professional guidance increases the likelihood of making errors that could negatively affect your case outcome. Legal risks associated with a DIY divorce include:

Filing incorrect divorce paperwork or missing deadlines may cause delays in finalizing your divorce or even the dismissal of your case altogether.

Omitting important information from court documents might jeopardize custody arrangements or marital property distribution agreements later on if discovered by opposing counsel during litigation.

If your case involves special challenges such as domestic violence or an active duty military spouse, you'll need someone to advocate for your interests and protect your rights. 

Emotional Risks

Divorce is an emotionally draining experience, and attempting to handle the legal aspects of your case without professional support can exacerbate stress levels. For example:

You and your former spouse may have increased conflict due to misunderstandings or disagreements over legal matters.

Prolonged emotional distress caused by delays in resolving issues or uncertainty about the outcome of your case can make it difficult to stay focused at work.

Family issues related to your divorce may increase the risk of your children acting out in frustration.

Not fully understanding the implications of decisions made during the divorce process can make moving forward with a new relationship more challenging. 

Common Mistakes Made During the Divorce Process

Attempting a DIY divorce can be tempting, especially considering potential cost savings. Nonetheless, it is essential to recognize that DIY divorce carries its own risks and issues. 

Failing to Understand the Law

The legal system is complex, and family law in Virginia is no exception. Without professional guidance, it is your responsibility to understand the intricacies of Virginia's family law, including property division rules, child custody arrangements, and spousal support calculations.

Not Knowing Your Rights and Responsibilities

In addition to understanding Virginia's family laws, it is essential to know your rights and responsibilities as a spouse going through separation proceedings. For example:

You must provide accurate financial information about income levels.

Your marital assets need proper valuation.

You should negotiate fairly regarding child custody arrangements based on what is best for them.

You need awareness about possible tax implications from asset transfers or alimony payments.

Neglecting Important Details or Documents

Another common mistake during a DIY divorce is overlooking crucial details or failing to submit necessary documents on time. This can include:

Forgetting to list all marital assets

Failing to account for debts and liabilities

Not filing the required paperwork with the court within deadlines

Neglecting these aspects of your case may result in delays, additional costs, and even legal penalties. 

Why You Need Legal Representation for Your Virginia Divorce

At Aloupas Law, we are well-versed in all aspects of Virginia divorce matters, including mediation techniques that may help avoid lengthy court battles while still achieving favorable results for our clients. In cases where litigation becomes necessary, we will work tirelessly on your behalf both inside and outside the courtroom. Here’s what to expect when you work with us: 

Guidance. We provide clear explanations of each step involved in the divorce process so that you feel informed about what lies ahead.

Support. We help our clients manage the emotional challenges that often accompany divorce so that they can move forward with their lives and seek the happiness they deserve. 

Communication. We maintain open lines of communication with our clients, ensuring they are always up-to-date on their case's progress and understand any developments or changes in strategy.

Get the Help You Need to Move Forward

The decision to end a marriage is never easy, but Aloupas Law is here to help. Contact us today to learn more about how we can assist you with your Virginia divorce proceedings. We are proud to serve clients in Chesapeake, Virginia Beach, Norfolk, Portsmouth, Hampton, Newport News, and the surrounding areas of Tidewater Virginia.