Q: My ex is keeping my kids from visiting me. He has filed a notice to modify visitation with the law clerk.
Do I have to file something in response or wait for a court date?
A:
Custody and visitation orders may be modified by filing a motion that alleges a material change in circumstances and how the best interests of the child[ren] would be served by modifying the referenced order. It is possible that either the Circuit Court or Juvenile and Domestic Relations Court can hear the court, depending on which appropriately has jurisdiction over the court order. Every custody or visitation determination and/or modification must be accompanied by a Uniform Child Custody Jurisdiction Enforcement Act Affidavit and a Serviceperson's Affidavit. Typically, the respondent or defendant just shows up in court to contest the matter and set a hearing date. Often, the parties are referred to mediation in an attempt to resolve their differences.
Any person involved in an attempted modification of custody or visitation should consult with an experienced Virginia family law lawyer.
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