Child custody arrangements should be developed with great thoughtfulness, but there is no way to anticipate what might happen in the future. There are numerous changes that could occur after an order is entered that justify an adjustment to the original terms. One of the most compelling reasons for a custody modification is that a parent in the Armed Forces is being deployed to a different location. With such a strong military presence, this is a frequent issue in the Hampton Roads area. Fortunately, the law gives parents the ability to petition for revisions when warranted by the circumstances.

Under Section 20-108 of the Code of Virginia, a parent can seek to modify a custody order if they can show a material change in circumstances supporting the change. In recognition of the fact that military personnel are often sent great distances with little notice, the same section includes language stating that the review of deployment-related modification requests will be expedited. Though military divorce can impose additional pressures on everyone involved, a service member’s deployment should never compromise their custody rights.

When a military parent is deployed, the court may grant a temporary modification of custody or visitation, which automatically ends when the deployment concludes. In some cases, a service member may request that their parenting time be temporarily transferred to a close family member, such as a grandparent, to maintain the child’s relationship with their side of the family.

Other factors that might prompt a request for new custody terms include a civilian parent’s work-related relocation, a parent who remarries someone who lives elsewhere, shifts in the child’s schedule or a concern about a son or daughter’s safety. The Code of Virginia also contemplates situations where If one parent consistently a custody order by refusing to co-parent or interfering with visitation. These types of violations can constitute material changes and justify a revision to the parenting plan. 

When a military parent is deployed, the court may grant a temporary modification of custody or visitation, which automatically ends when the deployment concludes. In some cases, a service member may request that their parenting time be temporarily transferred to a close family member, such as a grandparent, to maintain the child’s relationship with their side of the family.

To modify a custody order, the requesting parent must not only show that circumstances have changed since the entry of the existing order, but also that the proposed modification is in the child’s best interests. A formal request must be filed in the Virginia Circuit Court or Juvenile and Domestic Relations Court that issued the original order.

Whether due to military deployment, relocation or some other change in circumstances, modifying a custody order in Virginia requires careful legal planning. If you need assistance with a custody modification, consulting with an experienced family law attorney can increase the likelihood of a favorable result. 

Harding, Harding & Harding Attorneys at Law, PLC represents members of our Armed Forces and their spouses in divorces and custody proceedings. For a free consultation regarding your legal options, 757-499-2600 or contact us online. We are located in Virginia Beach, Chesapeake and Norfolk.