That would be a basis for changing custody, but I doubt that the court would find that it constitutes an emergency.
This answer is for general information purposes, is not legal advice and does not create an attorney-client relationship. If you wish to schedule a consultation regarding your particular case, please call (757)533-5400.
I agree that this may not constitute an emergency. It did not happen overnight and will be cured overnight.
One of the best interests of the child factors is a parent's "ability to accurately assess and meet the emotional, intellectual and physical needs of the child." A court also has to consider "physical and mental condition of the child."
A challenge to prepare to meet in an action to change custody will be proving a material change of circumstances since the last order. Is this weight problem a new development since the last custody order? Or, did this condition exist at the time of the last order?