In Virginia a child custody order is never really final - meaning that you can always file to have it reconsidered. However, the basis by which the court will allow the reconsideration is the occurrence of a material change of circumstances. It is important to understand that the reconsideration of a previous child custody order is a two part process.
The first part is the occurrence of a material change of circumstances. The party filing for the change of custody will be required to prove to the court that there has been a material change. The court will take into consideration both positive and negative circumstances of the parties involved and determine if there has been a material change of circumstances. What circumstances (?) should be your next question!
Based on the historical records of the courts, whether or not a material change has occurred may involve a multitude of factors. For example, the preference of the child, a change in the requirements of employment, divorce, remarriage, physical and mental health, etc. The list of what may be considered with respect to a material change is very broad and may include even the moral environment in which the child is being raised.
If the court finds that there has been a change, then, and only then, will the court consider the second part - that is whether or not it is in the child's best interest to change the prior order. What often confuses folks is that even though the court may find that a material change has occurred does not mean that custody will be changed. It simply means that the court will consider changing the prior custody order. The final decision of the court to change a prior custody order is based solely on the best interests of the child.
The Virginia Code, as amended, section 20-124.3 details the statutory criteria to be considered in determining the Best Interests of The Child with respect to custody or visitation.
