There are two things that you need to know in response to your question. First, in order to amend an existing custody order you need to prove that there has been a material change in circumstances that justifies the change. That means that the judge will probably not consider evidence of things that were already presented at a previous hearing six months ago. The circumstances have to be something new, that changes the situation in a material way.
Secondly, typically there is no one factor on which the court will base a custody determination. So it is unlikely that the progress report was the only reason the court changed the custody arrangement six months ago. Joint custody is the arrangement that court's in Virginia favor. Usually the courts are willing to order joint custody unless there is some specific reason why it would not be in the best interest of the child.The court would have chosen this arrangement based on all of the factors taken as a whole.
In order to determine whether the facts you stated above create a material change in circumstances to justify a change in custody is a fact specific determination that ultimately will be made by the judge. It is difficult to predict the outcome as every case is different. Your best best is to consult an attorney in your area to discuss your rights in this matter.
Answered on Oct 28th, 2011 at 4:46 PM