Virginia Family Law: How to File to Modify Visitation

Do you have a custody or visitation order that is sveral years old? Maybe you are the non-custodial parent and the other parent has threatened to move out of state. How do you get in front of the judge to make sure your rights are protected?

What are the Required Forms to Change Custody or Visitation?

In order to change a custody or visitation order, there are a few forms that you will need to fill out with the juvenile and domestic relations court. These forms are:

• Motion to Modify : This document notifies the Court about which portion of the order you are wanting to change and what you want the new language to include. For example, if you are looking to change the visitation schedule you would identify the current schedule and the schedule you are seeking. You must also identify why you are looking to change custody or visitation.

• Service Member Relief Affidavit: This document is required to confirm whether the other parent is a member of the armed forces. If they are, that may delay your case if they are on active duty. It is a required document for the Court.

• UCCJEA Affidavit: This document notifies the Court of all the places the children have lived over the last five years. The raeson for the form is to make sure you have chosen the right Court to file the paperwork in.

• Motion to Enjoin: This document notifies the Court that you are trying to stop another parent from moving out of the area with the children.

• Motion to Expedite: This document notifies the Court if there is an emergency that needs to be taken care of if the children are not safe.

There may be other forms required depending on what you are trying to accomplish.

How a Family Lawyer Can Help

These forms can be complicated to fill out. If you file them improperly it can result in your case being delayed or the Court not taking your request seriously. Makre sure you hire a local attorney to help you prepare the paperwork properly.