Dads disappointed by changes in child custody bill
Father’s rights advocates say they are down but not out after passage of a substitute bill originally aimed at giving both parents joint custody rights in divorce cases.
The legislation is House Bill 84, sponsored by Delegate David Albo, R-Springfield. Originally, it stated that in a divorce “in which custody or visitation is at issue, there shall be a rebuttable assumption that it is in the best interests of the child that the parents be awarded joint physical custody and that no parent’s share of physical custody shall be for a period of less than two-fifths of the child’s time.”
Fathers and their advocates strongly supported that wording.
“No man can be a father to his children on the basis of seeing them every other weekend,” said Kenneth Skilling, a Fairfax County resident and former president of Fathers for Virginia, which provides support for divorced fathers.
But the language was changed radically as HB 84 made its way through the legislative process. The substitute bill approved by the General Assembly and sent this week to Gov. Bob McDonnell omits any mention of the presumption of joint custody. It simply states that judges must communicate the reasoning for their decisions on custody or visitation to all parties involved.
“The bill has unfortunately dramatically changed from the last one that was introduced,” said Diane Poljacik, a child custody mediator who supported the original wording of HB 84.
She said the measure that was passed “does nothing to change anything of importance. Judges are already supposed to communicate the basis for their decision. So what does this change?”
The text of HB 84 was changed in the House Courts of Justice Committee. The substitute bill then was approved unanimously by the House and the Senate.
Current Virginia law does not state a preference for either parent in custody cases. It states:
“In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation to any other person with a legitimate interest. The court may award joint custody or sole custody.”
But in practice, courts overwhelmingly favor mothers over fathers on custody issues, father’s rights advocates say.
Skilling cited a 2011 study by the Virginia Department of Child Support Enforcement, which found that only 6 percent of custodial parents were male. In the remaining instances, fathers were awarded visitation and legally relegated to the term “visitor.”
Supporters of the original draft of HB 84 gave a series of emotional testimony before the House Courts of Justice Committee in January. “I haven’t seen my children in over two years because of the way the court system currently functions,” said David Scolamiero, who spoke on behalf of Virginia Equal Parents, a group seeking reform of custody laws.
“Instead of a father having to fight for time with the children he loves, the legal system would begin with the presumption that he merits equal time,” Scolamiero said.
HB 84 wasn’t the only bill advocating joint custody in divorce cases. HB 606, sponsored by Delegate James LeMunyon, R-Chantilly, contained similar language. It sought to establish “a presumption in child custody cases that an award of joint legal custody, with physical custody, to the extent feasible, shared equally between the parties, is in the best interests of the child.”
LeMunyon’s bill died in the House Courts of Justice Committee.
Supporters of such legislation are looking forward to next year’s legislation session. They plan to push for a joint custody bill again before the 2013 General Assembly.
The Richmond West Breakfast Lions Club (based in western Henrico) recently donated 59 backpacks to the Westover Hills Elementary School on Jahnke Road.
Above, club members display some of the backpacks prior to their distribution. > Read more.
Thanks to a first-place win in The American Protege International Vocal Competition 2014, Glen Allen High School student Matija Tomas will travel to New York City to perform at Carnegie Hall in December.
At the first-place winners recital in Weill Hall, Matija will perform Giacomo Puccini’s opera aria, “Chi il bel sogna di doretta.” She will perform with other vocalists from around the world and have the opportunity to win other awards and scholarships.
Locally, Thomas has performed with Richmond’s renowned Glorious Christmas Nights, Christian Youth Theatre, and WEAG’s Urban Gospel Youth Choir. > Read more.
The John Rolfe YMCA and Gayton Baptist Church have partnered in an effort to bring greater health and wellness opportunities to the community.
Through this partnership, the John Rolfe Y will run Youth Winter Sports programs, including basketball and indoor soccer, in Gayton’s newly renovated $5.5 million outreach center that features a new gymnasium, youth and teen space, social space with café, meeting space and full service commercial kitchen. > Read more.
For our Top 10 calendar events this weekend, click here! > Read more.
The Community College Workforce Alliance (CCWA), in partnership with the Virginia Film Office, will offer "Get Your Start in the Film Industry," a two-day seminar designed to prepare workers for film, television and commercial projects in Virginia. The course will be held Oct. 4-5 at the Workforce Development and Conference Center, 1651 Parham Road in Henrico, on the campus of J. Sargeant Reynolds Community College.
The training will be taught by Gary Romolo Fiorelli, an accomplished assistant director for film and television projects, which include the television series Sons of Anarchy and ABC’s current drama Mistresses. > Read more.
The Boathouse restaurant will open at Short Pump Town Center in the spring, its third location in the region.
“People have asked us to come to the West End for years,” said owner Kevin Healy. “When the opportunity arose, we knew had to jump on it.”
The new restaurant will be located in a 5,800-square-foot space under the Hyatt House Hotel at the town center and will include a large outdoor patio. > Read more.
- More News
Oct. 2, 2014Click here to read the print edition.
- More Entertainment
- More Obituaries
- More Community
- More Opinions
- More Sports
ClassifiedsGET FREE OF CREDIT CARD DEBT NOW! Cut payments by up to half. Stop creditors from calling. 877-467-4560
CalendarThe Sophie House Collaborate to Eradicate 5K run/walk, a fundraiser to help eradicate breast cancer, will be held from 8 a.m. to 10 a.m. at Mt. Vernon Baptist Church, 11220… Full text