Introduction


     In Virginia, a parent seeking to modify custody must show both a material change in circumstances and that the modification is in the child’s best interests. In Garrett v. Hanna, Record No. 1276-23-3 (Sept. 24, 2024), the Court of Appeals of Virginia affirmed a circuit court’s order transferring physical custody of a minor child to the father, finding sufficient evidence of changed circumstances and no abuse of discretion in the trial court’s best-interest determination.


Background


     The parents had previously litigated custody in Colorado, with the mother retaining primary physical custody of their daughter, A.H. By 2023, the father petitioned the Circuit Court of Washington County to modify custody, alleging that the child’s mental and emotional health had deteriorated and that the mother was interfering with his relationship with A.H. Evidence showed that since the 2017 custody order, the child had begun counseling and was diagnosed with Adjustment Disorder with Mixed Anxiety and Depression, as well as Generalized Anxiety Disorder. The counselor expressed concern that the mother’s influence was negatively affecting A.H. The father also testified that the child often became ill before his scheduled visits, but appeared healthy and happy while in his care. Additionally, father’s circumstances had changed, as he had become engaged and relocated to Florida.


Legal Holding


     The Court of Appeals held that the circuit court correctly found a material change in circumstances. The combination of the child’s mental health decline and the mother’s interference with visitation constituted credible evidence supporting modification. The mother also argued that the trial court abused its discretion by concluding that a change of custody was in the child’s best interests. The appellate court disagreed, noting that the circuit court had carefully considered the statutory best-interest factors under Virginia Code § 20-124.3 and issued a detailed explanation supporting its ruling. The appellate court emphasized that it would not reweigh evidence or second-guess factual findings where credible evidence supported the circuit court’s conclusions. Accordingly, the custody modification awarding the father physical custody of A.H. was affirmed.


Implications


     This case highlights the two-step process required for custody modifications in Virginia: proof of a material change in circumstances and proof that the change serves the child’s best interests. Allegations of emotional harm, interference with visitation, and significant changes in a parent’s situation can all support a modification. Courts give trial judges wide discretion in these matters, so detailed evidence and testimony at the trial level are critical.


Smith Strong Can Help


     Custody disputes are among the most challenging issues families face. At Smith Strong, PLC, our attorneys are experienced in presenting the evidence necessary to establish or challenge a material change in circumstances and to argue for outcomes that serve the best interests of your child. If you are considering seeking custody modification, call our Richmond office at (804) 325-1245 or our Williamsburg office at (757) 941-4298 to schedule a confidential consultation.