After struggling to reach a custody and visitation agreement, you may be mentally and emotionally exhausted, feeling as though you just climbed a mountain.

You begin to settle into a routine, finding the new normal with your children, and then you discover that your former partner has decided to reopen the custody arrangement. Will you ever have peace? Michelle Hopkins provides insight:

Reopening Custody in Virginia

Cases of custody and visitation may not be constantly reopened by the Court. Parties may choose to amend an existing agreement as they deem necessary, however, if one party is not in agreement, the other party would need to pursue reopening formally with the Court to seek the change that they are requesting.

Custody cases may only be formally reopened with the Court upon a material change of circumstance. This means that either party may reopen the case if a major life change occurs.

However, a Judge may dismiss a case if they find that the cited material change does not rise to the level required by Virginia law.

This protects children from having their custodial schedule constantly changing, the parents from the stress and expense of reopening, and the Court’s docket from being overwhelmed with cases.

That said, each parent has the right to attempt to reopen if they believe they have encountered a material change that would require custody being modified. The modification must be found to be in the best interest of the children.

Contact The Hopkins Law Firm

If you are dealing with a reopened custody case, or seeking to reopen a custody case, Michelle Hopkins and The Hopkins Law Firm team are ready to assist you with your legal needs. Contact us today at 571-248-2210 or to discuss your case.

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