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 01/29/2015
The Henricus Historical Park in Chesterfield this weekend will portray "Arnold's Raid on Richmond," which took place in 1781 when British General Benedict Arnold took his small British and Loyalist forces and raided Richmond as Governor Thomas Jefferson watched from the safety of Manchester.
The event will take place Jan. 31 from 9 a.m. to 3 p.m. Period-dressed historical interpreters will occupy the bluff overlooking the James River.
Visitors are invited to join the American militia, British regulars, Hessians and Loyalists in camp. > Read more.
Hundreds of 'tweens' and their moms will attend the Secret Keeper Girl Crazy Hair Tour at West End Assembly of God on Jan. 22 at 6:30 p.m., a popular Bible-based tour geared toward building and strengthening relationships between mothers and their daughters (typically ages 8 to 12).
The event will feature a full fashion show, oversized balloon sculptures and confetti cannons – all in the name of inner beauty, Biblical modesty and vibrant purity. > Read more.
Citizen Staff Reports 01/15/2015
OutRVA and Say I Do! have collaborated to offer LGBT couples an opportunity to win an all-expenses-paid wedding at Lewis Ginter Botanical Garden’s Robins Tea House on March 7.
In September, Richmond Region Tourism launched OutRVA, a campaign designed to show people Richmond’s strong LGBT community and highlight the area as a travel destination.
The winning couple will say "I do" in a ceremony coordinated by event designer and floral artist Casey Godlove of Strawberry Fields Flowers & Gifts and marriage concierge, Ayana Obika of All About The Journey. The couple will receive wardrobe and styling, a custom wedding cake, florals, an overnight stay at the Linden Row Inn (including a suite on the day of the wedding for preparation), and a post-wedding brunch at the Hilton Garden Inn on Sunday, March 8. > Read more.
There are a bunch of unique events just for kids this weekend in Henrico! Virginia Repertory Theatre’s production of “The Maggie Walker Story” opens tonight at The Children’s Theatre at Willow Lawn. On Saturday, Walkerton Tavern will host a tea party and the Children’s Museum of Richmond-Central will celebrate the Lunar Year of the Goat with several exciting activities. Ages 11-13 are invited to an “Introduction to Volleyball” workshop on Sunday at the Eastern Henrico Recreation Center. For all our top picks this weekend, click here! > Read more.
CAT Theatre will hold auditions for Quartet on Saturday, Feb. 21, from 4 p.m. to 7 p.m., and Sunday, Feb. 22, from 3 p.m. to 6 p.m. Auditions will be held at the theatre, located at 319 N. Wilkinson Road in Richmond. Quartet will run May 22 through June 6 and will close out CAT’s 51st season.
Director Laurie Follmer is seeking two males, ages 50-70 and two females ages 50-70. British accents are required for roles and are requested for auditions. There is no actual singing in the show. Singing ability and experience is not a requirement. Audition sides are available at http://www.cattheatre.com on the Audition Page. > Read more.
Find out how your favorite dining establishments fared during their most recent inspections by the Virginia Department of Health. > Read more.
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