Is child custody law in Virginia unfair to fathers?
Virginia Code Section 20-124.2(B) provides: “
“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.”
This means that the Court is not allowed to favor a mother over a father in custody and visitation cases based gender considerations, or vice versa. Yet many fathers believe that “father’s rights” in custody and visitation cases in Virginia are not observed, or at least that they are not respected as much as a mother’s rights. What do you think, and do you believe that father’s right’s in custody and visitation cases are respected by the Virginia courts?