Henrico County VA

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 Bondsman Henrico VA Richmond VA
Community

10th annual Filipino Festival coming in August


The 10th Annual Filipino Festival will be held Aug. 7-8 at Our Lady of Lourdes Church, 8200 Woodman Rd., beginning with opening ceremonies at 5 p.m. Friday and continuing with live entertainment, food and exhibits until 10 p.m. On Saturday the festival will take place from 10 a.m. to 10 p.m. with a full schedule of performances featuring traditional Filipino dance, music and song.

Filipino cuisine, including BBQ, pansit, lumpia, adobo, halo-halo, lechon, empanada and leche flan, will be available for purchase. The festival will also feature a children's area, church tours, exhibits, and health screenings. > Read more.

CMoR reopens at new Short Pump site

The Children’s Museum of Richmond last week opened its new Short Pump location at Short Pump Town Center, to the delight of children who attended a sneak preview of the location July 10. The new facility, located under the forthcoming LL Bean store (formerly the food court) is 8,500 square feet in size – much larger than CMoR’s former Short Pump location at West Broad Village, which opened in 2010. The new space includes The CarMax Foundation Service Station, the Silver Diner, a grocery store, a performance stage and an art studio, as well as a giant Light Bright Wall. > Read more.
Entertainment

Weekend Top 10


The Virginia Hispanic Chamber of Commerce and Henrico Police are both presenting community events tomorrow, Aug. 1. The Feria Community Resource Fair at Richmond International Raceway brings together community service providers, embassies/consulates from Latin American countries, government agencies, nonprofit organizations and corporations that impact the Latino community. The Division of Police’s Community Day will feature demonstrations and displays from police, fire, animal protection and sheriff’s office, as well as family activities, food, entertainment and more. Other events this weekend include wine, chess and theatre! For all our top picks this weekend, click here! > Read more.






 

Reader Survey | Advertising | Email updates

Classifieds

Highspeed Internet EVERYWHERE By Satellite! Speeds up to 12mbps! (200x faster than dial-up.) Starting at $49.95/mo. CALL NOW & GO FAST! 1-888-685-2016
Full text

Place an Ad | More Classifieds

Calendar

Lavender Fields Herb Farm, 11300 Winfrey Rd. in Glen Allen, will offer the class “Raised Bed Gardening” from 10:30 a.m. to 11:30 a.m. The class will cover soil conditioning, crop… Full text

Your weather just got better.

Henricopedia

Henrico's Top Teachers