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.
Richmonders Jim Morgan and Dan Stackhouse were married at Lewis Ginter Botanical Garden in Lakeside Mar. 7 month after winning the Say I Do! With OutRVA wedding contest in February. The contest was open to LGBT couples in recognition of Virginia’s marriage equality law, which took effect last fall. The wedding included a package valued at $25,000.
Morgan and Stackhouse, who became engaged last fall on the day marriage equality became the law in Virginia, have been together for 16 years. They were selected from among 40 couples who registered for the contest. The winners were announced at the Say I Do! Dessert Soiree at the Renaissance in Richmond in February. > Read more.
The Fourth Annual Healy Gala will be held Saturday, Apr. 11, at The Cultural Arts Center at Glen Allen from 7 p.m. to 11 p.m.
The event was created to honor Michael Healy, a local businessman and community leader who died suddenly in June 2011, and to endow the Mike Healy Scholarship (through the Glen Allen Ruritan Club), which benefits students of Glen Allen High School.
Healy served as the chairman of Glen Allen Day for several years and helped raise thousands of dollars for local charities and organizations. > Read more.
The Richmond Battlefield Ruritan Club is holding a Brunswick stew sale, with orders accepted through March 13 and pick-up available March 14. The cost is $8 per quart.
Pick-up will be at noon, March 14, at the Richmond Heights Civic Center, 7440 Wilton Road in Varina.
To place an order, call Mike at (804) 795- 7327 or Jim at (804) 795-9116. > Read more.
Two events this weekend benefit man’s best friend – a rabies clinic, sponsored by the Glendale Ruritan Club, and an American Red Cross Canine First Aid & CPR workshop at Alpha Dog Club. The fifth annual Shelby Rocks “Cancer is a Drag” Womanless Pageant will benefit the American Cancer Society and a spaghetti luncheon on Sunday will benefit the Eastern Henrico Ruritan Club. Twin Hickory Library will also host a used book sale this weekend with proceeds benefiting The Friends of the Twin Hickory Library. For all our top picks this weekend, click here! > Read more.
Ichiban offers rich Asian flavors, but portions lack
In a spot that could be easily overlooked is a surprising, and delicious, Japanese restaurant. In a tiny nook in the shops at the corner of Ridgefield Parkway and Pump Road sits a welcoming, warm and comfortable Asian restaurant called Ichiban, which means “the best.”
The restaurant, tucked between a couple others in the Gleneagles Shopping Center, was so quiet and dark that it was difficult to tell if it was open at 6:30 p.m. on a Monday. When I opened the door, I smiled when I looked inside. > Read more.
Disney’s no-frills, live-action ‘Cinderella’ delights
Cinderella is the latest from Disney’s new moviemaking battle plan: producing live-action adaptations of all their older classics. Which is a plan that’s had questionable results in the past.
Alice in Wonderland bloated with more Tim Burton goth-pop than the inside of a Hot Topic. Maleficent was a step in the right direction, but the movie couldn’t decide if Maleficent should be a hero or a villain (even if she should obviously be a villain) and muddled itself into mediocrity.
Cinderella is much better. Primarily, because it’s just Cinderella. No radical rebooting. No Tim Burton dreck. It’s the 1950 Disney masterpiece, transposed into live action and left almost entirely untouched. > Read more.
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