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

Smither named director of Henrico’s Department of Finance

Henrico County Manager John A. Vithoulkas has appointed Edward N. “Ned” Smither Jr. to serve as director of the Department of Finance, effective July 1.

Smither has served Henrico since 2013 as director of the Accounting Division in Finance. He will succeed Eugene H. Walter, who has delayed his retirement until June 30 to ensure an orderly transition within the department.
> Read more.

State honors EMS officials this week

There were nearly 1.5 million emergency medical services calls and 4,063 incidents per day in Virginia just last year.

This week, May 21-27, declared as National EMS week by Gov. Terry McAuliffe, recognizes the more than 34,000 EMS personnel and 631 agencies in the state and commends their efforts and commitment to Commonwealth citizens.
> Read more.

Norfolk man arrested at RIC after TSA catches him with gun

A Norfolk man was arrested at Richmond International Airport May 18 after Transportation Security Administration officers detected a loaded semi-automatic handgun in the traveler’s carry-on bag.

A TSA officer detected the .40 caliber semi-automatic handgun inside the man’s carry-on bag as it passed through the security checkpoint X-ray machine. The handgun was loaded with 13 bullets.
> Read more.

Police release photo of hoax bomb

Henrico Police have released a photo of the clock that resembled a bomb that led to the arrest of a Richmond woman in Shot Pump earlier this week.

The device, which the woman told police she purchased at a yard sale, was visible in her car at the Whole Foods at West Broad Village May 19, and a passerby called police, fearing it was a real bomb. Police responded as they would have had the device been real, they said, because they weren't sure if it was real or not.
> Read more.

Henrico school buses with compliance issue to be fixed this summer


The 176 Henrico school buses that have been purchased since March 2011 will be fixed during the summer, Henrico Schools spokesman Andy Jenks told the Citizen. The bus manufacturers will retrofit the buses at no cost to the school division, he said.

The brake interlock device is required on all automatic transmission buses in Virginia that were purchased after March 2011, which is when the device was added to the state Board of Education's requirements for school buses. As many as 4,000 school buses in the state may be affected, according to the Virginia Department of Education.
> Read more.

Henrico Business Bulletin Board

May 2017
S M T W T F S
·
1
·
·
·

Calendar page

Classifieds

Place an Ad | More Classifieds

Calendar

The new exhibit “Wild Art: A Journey Off Canvas” will open at Lewis Ginter Botanical Garden and be on display through Oct. 1. This collaborative art experience inspired by nature combines the efforts of regional artists and thousands of Garden visitors to transform the Garden into a living tapestry of natural art. Included with Garden admission. For details, visit http://www.lewisginter.org. Full text

Your weather just got better.

Henricopedia

Henrico's Top Teachers

The Plate