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.
Bail Bonds Chesterfield VA

Thoracic surgeon is first to perform 100 robot-assisted lobectomies in Central Virginia


Graham M. Bundy, a thoracic surgeon with HCA Virginia Physicians’ Cardiothoracic Surgical Associates, is the first such surgeon in Central Virginia to perform 100 minimally-invasive Da Vinci robot-assisted lobectomies (a surgical procedure to remove a lobe of the lung). The procedure is used to treat multiple types of conditions but is most often used to treat lung cancer. > Read more.

UMFS has urgent need for foster parents


UMFS officials say they have a desperate need for more foster families in the Richmond region and Central Virginia, especially those who would receive teenagers currently in the foster care system.

In recent years throughout the state, the number of children entering the foster care system has grown. > Read more.

VSP issues warning about automated traffic ticket email scam

Virginia State Police officials are warning Virginians about an email scam that tells people they are receiving an “automated traffic ticket” from the agency. State Police do not use or issue digital or automated traffic tickets or summonses, however. Anyone receiving such an email should delete it and not click on any links provided in the email, police said. > Read more.

READ Center offers free classes, training to low-literate people


One in six adults in Metro Richmond has literacy issues, and the READ Center in Henrico County is working to address the issue.

Next week – Sept. 24-30 – is Adult Education and Family Literacy Week, a time during which the READ Center is shining a light on its efforts to help some of the 35,000 adults in the region for whom reading, writing and basic math remain an elusive target. > Read more.

Play Day RVA planned for Sept. 21


The Richmond region will celebrate Play Day RVA Thursday, Sept. 21, with activities throughout the area to celebrate the opportunities that exist to play in the community. Dozens of employers, local governments, schools and community organizations will participate by hosting events that integrate playful activities into daily life and spread awareness of the value of active living. > Read more.

Henrico Business Bulletin Board

September 2017
S M T W T F S
·
·
·
·
·

Calendar page

tel:18772210315
tel:18772241804

Classifieds

Place an Ad | More Classifieds

Calendar

Lewis Ginter Botanical Garden will present Flowers After 5 on Thursday evenings through September. Stroll through the gardens and enjoy live music from The FREE Rangers, as well as family activities, wine and beer, dining and shopping. Lawn chairs and blankets are welcome. The Garden partners with the Richmond SPCA on the second and fourth Thursdays of the month for Fidos After 5 where leashed pets are allowed. Admission is $8 to $13 or free for members. For details, visit http://www.lewisginter.org. Full text

Your weather just got better.

Henricopedia

Henrico's Top Teachers

The Plate