Material Change in Circumstance Justifies Change in Custody

In the case of Fletcher v. Abastillas, the Virginia Court of Appeals, in an unpublished opinion, ruled that the trial court properly found a material change in circumstance since the last court order and properly found that a change in custody from mother to a father was in best interests of children. The following constituted material changes of circumstance in the case:

1.  The mother has remarried;
2.  The mother’s residence has changed;
3.  The father has entered into a romantic relationship with another
      woman;
4.  The father has changed jobs;
5.  The children have grown older;
6.  The children attend a different school.

As for the matter of the best interests of the children, the trial court found that
that mother’s new husband displayed eccentric behavior and had been diagnosed with Avoidant Personality Disorder.  Further, mother testified that she would not move to the Philippines if she were awarded custody; but the trial court concluded that mother wanted to move to the Philippines and that she and her husband “actively” considered moving there.  The court found that a move to the Philippines would “deprive the children of contact with their father” because of the cost of travel and of the question of enforceability of the circuit court order in the Philippines.  .