Updating Custody and Support Orders: When and How to Seek a Modification in Virginia
Life doesn’t stand still after a divorce or custody order is entered — jobs change, children grow, and family schedules evolve. When those shifts make your current court order unworkable, Virginia law provides a way to update it.
At the Law Office of Li-Shann Durst, PLLC, we help parents and former spouses evaluate whether their circumstances qualify for a modification — and guide them through the process with care, precision, and efficiency.
Here’s what you should know about when and how to update your custody or support orders in Virginia.
What Does “Modification” Mean in Virginia Family Law?
A modification means asking the court to change an existing order because of a significant change in your life or your child’s life.
There are two main areas where modifications are most common:
Child Custody and Parenting Time
Child or Spousal Support
The court won’t approve changes simply because one parent is unhappy with the current arrangement — there must be a material change in circumstances.
What Counts as a “Material Change in Circumstances”?
Virginia courts use this phrase often. It simply means a substantial change that affects the child’s welfare or either parent’s financial or living situation. Examples include:
For Custody or Parenting Plans
One parent relocates for work or family reasons
A child’s educational, medical, or emotional needs have changed
A parent’s work schedule changes significantly
One parent repeatedly violates the existing court order
Concerns about the child’s safety or stability
For Child or Spousal Support
A parent loses or changes jobs
A major increase or decrease in income
A parent becomes disabled or retires
A child turns 18 or graduates high school
New childcare or healthcare costs arise
If you’re unsure whether your situation qualifies, a consultation can help you assess whether a judge is likely to consider it “material.”
How to Request a Modification
You can request a modification in one of two main ways:
Through Agreement
If both parties agree on the change, you can submit a consent order to the court for approval. This is often faster, less expensive, and less stressful — and is ideal when parents are cooperative.
Through Petition
If you don’t agree, one party can file a formal petition for modification. The court will review evidence and determine whether a change is justified and what new arrangement best serves the child’s interests.
Mediation and Collaborative Options
Not every modification requires courtroom litigation.
At our firm, we often help clients resolve custody or support updates through mediation or collaborative law, allowing families to:
Discuss new realities openly
Create customized solutions
Avoid the stress of adversarial proceedings
Once both parties agree, we draft a clear, enforceable agreement for court approval.
Documentation Matters
To succeed in modifying an order, you’ll need solid documentation:
Pay stubs, tax returns, or proof of income changes
Medical or school records showing a child’s evolving needs
Written communication about schedule or custody issues
Providing detailed, verifiable evidence makes your case stronger — and prevents unnecessary court delays.
Need Help Adjusting Your Custody or Support Order?
If your life has changed since your last court order, it may be time to revisit your custody or support arrangements.
The sooner you address it, the easier it is to avoid conflict or enforcement issues later.
📞 Contact the Law Office of Li-Shann Durst at (703) 443-4762 or schedule a confidential consultation.
We’ll help you assess whether a modification makes sense and guide you through every step with clarity and compassion.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Every case is unique. Please consult an attorney for advice specific to your situation.