If you have a court order outlining custody arrangements in Virginia for your minor child, and the other party repeatedly violates the order, you have several options to address the situation. These options differ in purpose and requirements, often involving terms like “Rule to Show Cause” or “modify custody.” Here’s what these terms mean and how they apply to your custody order.
Rule to Show Cause
When one party violates a court order issued by a Virginia court, the non-violating party can petition the court to enforce the order through a Rule to Show Cause. This petition requires the violating party to justify, if possible, why they should not be held in contempt of court for failing to comply with the order. To file a Rule to Show Cause, the moving party must demonstrate that a valid court order exists and specify how the order has been violated. Repeated or significant violations often suggest a willful disregard of the order.
If the court determines that the violations were willful, it may hold the offending party in civil contempt. Civil contempt penalties aim to compel compliance with the order and may include fines, jail time, release conditions tied to a “purge bond,” or payment of the moving party’s attorneys’ fees. The contempt is considered resolved once the violating party complies with the order and meets any additional conditions imposed by the court.
Motion to Modify Custody/Visitation
Alternatively, the court has the authority under Virginia Code § 20-108 to modify custody and visitation orders when circumstances warrant. To succeed in modifying an existing order, two criteria must be met: there must be a material change in circumstances, and the requested modification must be in the best interest of the child.
A material change in circumstances refers to a new development occurring after the entry of the last order entered in the case. This change must not involve issues that were previously addressed or could have been litigated but were not. Examples of material changes include a party’s relocation, remarriage, loss of housing, substance abuse, or changes in a child’s medical or educational needs. For instance, if a parent who previously struggled with alcohol abuse begins drinking again after the last order was entered, this could qualify as a material change.
Once a material change is established, the court evaluates whether the proposed modification aligns with the child’s best interests. Virginia Code § 20-124.3 outlines the factors to consider, including the child’s age, physical and mental health, each parent’s relationship with the child, and the child’s overall needs. If the court finds that both the material change and the proposed modification serve the child’s best interest, it will likely approve the modification, resulting in a revised custody and visitation order.
Custody Arrangements in Virginia
If you have questions regarding custody arrangements in Virginia, the family law attorneys at ShounBach are here to help. We handle many family law matters, estate planning, and other practice areas. Our firm has been recognized in Super Lawyers and the U.S. News list of Best Law Firms. Our office is in Fairfax, and we can assist individuals throughout Northern Virginia. Contact us today at 703-222-3333 or through our online contact form to find out what we can do for you.
