ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Tuesday, October 15, 1996 TAG: 9610150127
SECTION: VIRGINIA PAGE: C-4 EDITION: METRO
DATELINE: RICHMOND
SOURCE: Associated Press
WOMEN SAY CHILD SUPPORT could decline if fathers get more custody rights; lawyers say it would make children insecure.
One father complained that his kids live six hours away in New Jersey.
Another said his 14-year-old daughter almost died of a drug overdose and he didn't find out about it until four days later.
And a 17-year-old boy said he just wanted to be able to spend time with both of his parents.
The three were among several people who testified Monday before a General Assembly subcommittee considering a bill that would give divorced fathers a better shot at gaining joint custody of their children.
The committee also heard from women who said they didn't want to see child support decline and lawyers who called the bill impractical and not in children's best interests.
The legislation would require Virginia courts to presume that joint legal and physical custody is in the best interests of the child. The House Courts of Justice Committee delayed action on the measure.
The Senate voted 21-19 to pass the bill last winter, but the House committee carried it over to the 1997 session.
The bill's supporters argued Monday that joint custody is less drastic and confrontational for children whose parents are divorcing. They said it eliminates the need for children to choose between their parents and promotes equality.
``It may not be in the parents' best interests, but it is in the best interests of the child,'' said Murray Steinberg, chairman of the Children's Rights Coalition in Virginia.
Opponents of the bill also stressed the best interests of the child.
``Children going through divorce need stability. They need a home base,'' said Ronald Evans, a lawyer specializing in family issues. ``This [joint custody] is pulling them from pillar to post.''
He and other opponents also said child support would decline if the bill passes. They accused the bill's supporters - mostly fathers' rights advocates - of trying to get out of paying child support.
Supporters of the bill countered that opponents had financial motives. Women's rights groups want to preserve child support, and lawyers want to keep reaping the monetary benefits of custody battles, they said.
Joint custody provisions like the one the committee is considering exist in at least 33 states, said James Cook of Los Angeles, president of the national Joint Custody Association.
He said California has had a joint custody presumption since 1979. He said joint custody is awarded in 80 percent of divorce cases in that state. Child support is more likely to be paid and litigation is reduced in joint custody cases, Cook said.
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