Each parent’s propensity to actively support the child’s relationship with the other parent.The role each parent has and will continue to play in the upbringing of the child.The needs of the child, including the important relationships with siblings, peers and extended family members.The relationship existing between each parent and child.The age, physical and mental condition of each parent.The age, physical and mental condition of the child, giving consideration to the child’s changing needs.To determine this, the Court looks at the factors within Virginia Code § 20-124.3. Once a Court determines that material change in circumstances has taken place, it has to determine whether a change in custody or visitation order is in the best interest of the parties’ child. Goes without saying, that this is a very short list of circumstances that may constitute a material change in circumstances and there may be uncountable facts that may constitute material change. Some examples of material changes include: relocation of parent inability by a parent to work together and cooperate with the other parent and effectively co-parent, a parent has remarried or had another child the child’s safety is in jeopardy with the custodial parent a parent has violated the current order repeatedly or the child’s needs have changed over time, for e.g. However, the statute is not mandatory and if the custodial parent’s actions were reasonable, the trial court may find no change of circumstances.Īs stated before, whether or not there has been a material change in circumstances is very fact specific. According to Virginia Code § 20-108 intentional withholding of visitation may constitute a material change of circumstance. What constitutes a material change in circumstances is very fact specific.
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