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.
With a nod to Arbor Day, Citizen seeks photos, descriptions of significant Henrico trees
Citizen Staff Reports 04/28/2015
Do you have a favorite tree in Henrico?
Do you know of a tree with an interesting story?
Do you live near an especially large, old, or otherwise unusual tree – or do you pass by one that has always intrigued you?
Arbor Day 2015 (April 24) was last week, and though the Citizen has published stories about a few special trees over the years (see sidebar) we know that our readers can lead us to more. > Read more.
Henrico's most famous tree, known as the Surrender Tree, still stood for more than a century near the intersection of Osborne Turnpike and New Market Road -- until June 2012.
It was in the shade of that tree on April 3, 1865, that Richmond mayor Joseph Mayo met Major Atherton Stevens and troops from the 4th Massachusetts Cavalry and handed over a note surrendering the city to Federal troops. Evacuation had already begun. > Read more.
The Greater Richmond ARC's annual Ladybug Wine Tasting and Silent Auction on April 11 netted $75,165 to benefit its Infant and Child Development Services (ICDS) program.
About 350 guests sampled fine West Coast wines and craft beer from Midnight Brewery at Richmond Raceway Complex's Torque Club, along with food from local eateries. Carytown Cupcakes provided dessert. > Read more.
A Henrico High School student was one of eight students from Virginia selected as a 2015 student playwright as part of the School of the Performing Arts in the Richmond Community's 26th annual New Voices for the Theater Festival of New Works, which will be held July 10-11 at VCU.
Elaina Riddell of the Center for the Arts at Henrico HS will join the other students and bring her original one-act play to life on stage at the event. In total, 150 plays were submitted to SPARC. Riddell and the other winners will work closely with New York City-based professional playwright Bruce Ward for the event. > Read more.
In the mood for some spring shopping? Eastern Henrico FISH will hold their semi-annual yard sale this weekend – funds raised assist at-risk families in Eastern Henrico County. Lewis Ginter Botanical Garden will hold a spring plant sale which is among the largest in the region with more than 40 vendors selling plants ranging from well-known favorites to rare exotics. Put on your detective hat and find out “whodunnit” at the movie “Sherlock Holmes: A Game of Shadows” and “The Case of the Dead Flamingo Dancer,” presented by the Henrico Theatre Company May 1-17. For all our top picks this weekend, click here! > 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.
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