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Custody
The legal and physical custody arrangement, when a child's needs or a parent's situation has changed.
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OfficesFairfax | Manassas
Mediation / Modifications
Modifications · Virginia
When life changes, the order can change with it.
Custody, support, and parenting plans are not frozen forever. When circumstances shift, mediation can rework the order cleanly, often even when the original divorce was a courtroom fight. The way you divorced does not dictate the way you modify.
First call is a conversation, not a commitment.
The Short Answer
Custody, support, and parenting plan modifications often run cleanly through mediation, even when the original divorce was litigated. The parties work with a mediator to adjust the order to fit changed circumstances, then submit the agreed change to the court to be entered as a new order.
How It Works
Updating an order without the war.
Court orders are built for the day they are entered, but life keeps moving. A parent gets a job in another city. A child's needs change as they grow. Income rises or falls. When the arrangement that once worked no longer fits, the order can be modified, and mediation is often the cleanest way to do it, even for couples whose original divorce was anything but clean.
The original case does not set the tone
This surprises people: some of the best candidates for a mediated modification are couples whose divorce was a brutal litigation. Years have passed, the heat has cooled, and the practical problem in front of them, adjusting a schedule or updating support, simply does not need another war. Mediation offers a way to handle the change cooperatively, which is usually faster, cheaper, and far less damaging than walking back into a courtroom. How you divorced does not dictate how you modify.
What can be reworked
The most common modifications involve custody and parenting time, child support, and spousal support. A move, a new job, a change in a child's schooling or health, or a shift in either parent's circumstances can all justify revisiting the order. Through mediation, the parties work through the change together and arrive at revised terms that fit the new reality, rather than having a judge impose them.
Why it tends to work
By the time a modification comes up, both people usually share a practical goal: get the order to match reality without burning time and money. That shared interest is exactly what mediation is built around. For parents especially, handling the change cooperatively also protects the co-parenting relationship they will keep relying on, instead of reopening old wounds in front of a judge.
How it becomes official
The negotiation happens in mediation, but the result does not just sit in a drawer. The agreed change is submitted to the court so that it becomes a new, enforceable order. For child support, the court reviews the figure to confirm it remains appropriate; for custody, it applies the best interests of the child. Mediation produces the agreement, and the court gives it legal force, exactly as with the original order.
What can changeCustody and parenting time, child support, and spousal support.
Common triggersA move, a new job, a child's changing needs, a shift in income.
The original caseCan be reworked through mediation even if the divorce was litigated.
Made officialThe agreed change is entered by the court as a new, enforceable order.
The catchA genuine change in circumstances is what justifies revisiting the order.
A Litigated Divorce, A Mediated Modification
Some of the best candidates for a mediated modification are people whose original divorce was a courtroom battle. The heat has cooled, and the practical change in front of them rarely needs another fight.
Note: A change in circumstances is generally required to modify; confirm how the standard applies to your order.
Corrie Sirkin, Esq.Founding Partner
Attorney Insight
A few honest things about modifications.
"People assume that because their divorce was a war, the modification has to be one too. Years later, that is rarely true."
I have helped people modify orders that came out of bitter litigation, and what strikes me is how often both sides are simply tired of fighting by then. They have a concrete problem, a move, a job, a kid who is older now, and they want it solved without lighting everything on fire again. Mediation is well suited to that. I am always honest that a genuine emergency or a safety issue belongs in court, but for an ordinary change in circumstances, handling it through mediation usually saves money and protects whatever working relationship they have left. The court still makes it official, so the result is just as binding.
Questions Families Ask
Plain answers about modifications.
These are the questions clients ask most about changing an order through mediation. If yours is not here, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
Can custody and support modifications be handled in mediation?
Yes. Custody, support, and parenting plan modifications often run cleanly through mediation, even when the original divorce was litigated. The parties work with a mediator to adjust the order to fit changed circumstances, then submit the agreed change to the court to be entered as a new order.
Does it matter if the original divorce was litigated?
No. A modification can be mediated even when the original divorce was a courtroom battle. By the time a change is needed, both people usually share a practical goal of updating the order without another fight, which is exactly what mediation is built to do.
What can be modified through mediation?
Custody and parenting time, child support, and spousal support are the most common. A change in circumstances, such as a move, a new job, or a child's evolving needs, can justify revisiting the order, and mediation lets the parties rework it cooperatively.
Does a mediated modification still go through the court?
Yes. The negotiation happens in mediation, but the agreed change is submitted to the court so it becomes a new, enforceable order. Mediation produces the agreement; the court gives it legal force, just as with the original order.
When You Are Ready
Update the order without the fight.
Tell us what has changed, and we will help you decide whether a mediated modification is the right way to bring your order in line with your life today. Three offices across Northern Virginia, one phone number.