Modifying Child Custody/Visitation: Abuse

One material change in circumstance that may warrant a modification of child custody or visitation is the occurrence of family abuse. Virginia law defines family abuse as “any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person’s family or household member.” Factors that could undermine a parent’s allegations that the other parent has abused their child include inconsistences in testimony or evidence that the child has been coached to make incriminating statements to investigators.