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.
Citizen Staff Reports 04/16/2015
Last summer, hundreds of Anthem LemonAid stands dotted Central Virginia and raised more than $100,000 in support of cancer treatment and research at Children’s Hospital of Richmond at VCU (CHoR). This July 17-19, Anthem is inviting community members to host an Anthem LemonAid stand in support of the children who are battling the disease. During the past 13 summers, Anthem LemonAid has raised more than $1 million. All funds raised support the Hematology and Oncology Clinic at the Children's Hospital of Richmond at VCU.
Anthem LemonAid is Children’s Miracle Network Hospitals’ signature summer event. It’s free to participate and is designed for children, families, community groups and businesses alike. > Read more.
Citizen Staff Reports 03/30/2015
The Henricopolis Soil & Water Conservation District will sponsor a tree seedling giveaway on April 2 at Dorey Park Shelter 1 from 2:30 p.m. to 6:30 p.m. and on April 3 at Hermitage High School parking lot from 8:30 a.m. to 1:30 p.m. Bare-root tree seedlings are available to Henrico County residents free of charge for the spring planting season.
The following seedling species will be available: apple, kousa dogwood, red maple, river birch, red osier dogwood, loblolly pine, sycamore, bald cypress, white dogwood and redbud. Quantities are limited and trees are available on a first-come, first-served basis. Each participant is allowed up to 10 trees total, not to include more than five of the same species. > Read more.
Citizen Staff Reports 03/30/2015
Wondering where to go to play Bingo? Wonder no more.
The Virginia Department of Agriculture and Consumer Services (VDACS) recently launched an online directory of permitted bingo games played in Virginia. Listed by locality, more than 400 regular games are available across the state. The directory will be updated monthly and can be found on VDACS’ website at http://www.vdacs.virginia.gov/gaming/index.shtml.
“Many Virginia charities, including volunteer rescue squads, booster clubs and programs to feed the homeless, use proceeds from charitable gaming as a tool to support their missions, said Michael Menefee, program manager for VDACS’ Office of Charitable and Regulatory Programs. > Read more.
It’s that time of year – charity races are popping up everywhere! On Saturday, St. Joseph’s Villa will be the site of the sixth annual CASA Superhero Run and the fifth annual Richmond Free to Breathe Run/Walk will be held in Innsbrook. Also in Innsbrook, the 2015 Richmond Take Steps for Crohn’s and Colitis will take place on Sunday. If you’re more into relaxation than exercise, check out Wine for Cure’s Dogwood Wine Festival or the Troubadours Community Theatre Group’s production of “West Side Story” at the Henrico Theatre. For all our top picks this weekend, click here! > Read more.
There are several fun events this weekend taking place outside including the third annual Virginia Firefighter Games at Short Pump Town Center; Twin Hickory Park’s “April Showers: A Celebration of Spring” event; the Young Life Richmond West 5k in Innsbrook; and the Gold Festival on Broad which benefits Prevent Child Abuse Virginia. Fingers crossed for no rain! For all our top picks this weekend, click here! > Read more.
The University of Richmond will host its annual Global Family Concert this weekend – a free, family friendly concert featuring Japanese, Indonesian, West African, Indian, and Brazilian music and dance performances. Country music fans can head to The Cultural Arts Center at Glen Allen for “An Evening of Country” featuring The Honky Tonk Experience. Enjoy the spring weather at Meadow Farm for “Sheep to Shawl” or join the Henrico Hiking Club at James River Park. For all our top picks this weekend, click here! > Read more.
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CalendarTwo Henrico YMCAs will celebrate Healthy Kids Day - Chickahominy YMCA, 5401 Whiteside Rd. in Sandston, from 10 a.m. to 2 p.m. and Shady Grove YMCA, 11255 Nuckols Rd. in… Full text