Public Comments for: HB765 - Parental rights; termination for alleged sexual abuse, petition filed by other parent.
Last Name: Guarnera Locality: Scottsville

Comments Document

I am a licensed clinical psychologist and University of Virginia faculty member who researches pregnancy resulting from rape. I am submitting the attached letter from a Virginia mother who, currently, is being forced to share custody of her daughter with the man who raped her, resulting in the conception of the child. She wished to submit this letter anonymously because she feared the rapist would retaliate against her and her daughter if he knew she was sharing publicly in this manner. Here is a brief excerpt from her harrowing story: "Unfortunately, the trauma of the rape was only the beginning. I have spent the last two years going through something even more traumatizing. A month after my daughter was born, I was served with a lawsuit for a paternity test and joint custody/visitation from my rapist. Every day since then, I have felt totally helpless.... No one should have to stay connected to a rapist.... I want to be a vivacious sales rep again instead of the shell I am now, and I want my daughter to be safe. No one deserves to be essentially tied with hands behind their back, gagged, and have to watch as the child they love goes to someone that they know is dangerous. No one should have to face being forced to continue to communicate for eighteen years with the man that raped her. ...I believe all mothers that have conceived a child through rape and face sharing custody with their rapist have the same feeling—we are being raped, over and over." Currently, Virginia law offers this mother no way to escape from her rapist and protect herself and her daughter. Please support HB 765 to create a path for mothers like her to petition to terminate the rapist's parental rights. Sincerely, Lucy Guarnera, PhD Licensed Clinical Psychologist Assistant Professor of Psychiatry and Neurobehavioral Sciences Institute of Law, Psychiatry, and Public Policy University of Virginia School of Medicine lag8e@virginia.edu

Last Name: Ward Organization: Northern Virginia Parents United Locality: Annandale

Comments Document

Hi. Similar bills should be heard jointly. I'm a co-founder of the NVa. Parents United. I seek to provide further details in person. VA should be 50/50 legal and physical custody and enjoined with BOTH parents >1 hour of the children. Code 20.124.2 & .3; any exception, eg Domestic Abuse must have verificable physical proof to aoid falsehoods for custody and other ulterior motives. Regarding GALs &others https://casetext.com/case/bonhotel-v-watts & 2017 cases over turned with abuse of authority https://acrobat.adobe.com/link/review?uri=urn%3Aaaid%3Ascds%3AUS%3Ad3aeccf8-0d9a-34fd-9f6e-dd9d781ea976 14th amendment and assurance of 42 U.S.C. Section 1303 (f) and 42 U.S.C. 106(b)(2)(B)(xviii) of the Child Abuse Prevention and Treatment Act (CAPTA) Visitations BOYD, JR. V. COMMONWEALTH OF VIRGINIA, Va. App. affirmation No. 1681191 (2020). 27 cases overturned https://www.tandfonline.com/doi/full/10.1080/15379418.2019.1613204 See also this link https://www.vacourts.gov/courts/cib.pdf on the Court Structure (graphic) that it excludes the fact that the Virginia Bar is an entity of the Virginia Supreme Court - near the bottom - "Uniform Rules and Practices -- Uniformity of practice is regarded as a vital element for the development of a sound judicial system." Uniformity is seriously lacking today in our courts of abitrary, capracious, and subjective bought opinions. In mercy and plea for children and families, please see attached three (3) suggestive 2024 bills via the Center for Rights and Protection of Children (CRPC) that naturally would require your dedication in effort of bi-partisan support and sponsorship in assurance of children's rights and their protection, especially with more and more children being taken across state lines and destroying families per Va. Code § 20.124.3 Best interests of a Child and its interference of such enforcement of the courts orders, constitution, statute and case laws such as Keel vs. Keel, Va. SupCt. (1983) (not upheld by VA SupCt Justice), Va. Code § 20-146.1 Chapter 7.1. Uniform Child Custody Jurisdiction and Enforcement Act and Va. Code §18.2-49.1 per Robert Boyd, Jr. v. Commonwealth of VA, Va. Ct.App. (2020) and others to protect children's rights and equally for all parties. NVa. Parents United, >90 parents growing and we have had meetings over the past years with several parents who experience the similar issues, parents with in the JDR, circuit court, appeal proceedings are often denied fundamental due process and witness to violations like that of 18 U.S.C. Section 242, resulting in the violation of their constitutional rights. This dire situation is causing irreparable harm to countless children, who deserve to grow up in safe and nurturing environments with both parents. URGENT need for action cannot be overstated, as every delay prolongs the suffering of innocent children. This includes parents being punished for seeking protection of their children as required reporting under 42 U.S.C. Section 1303(f) and 42 U.S.C. 106(b)(2)(B)(xviii) (CAPTA). Please see the middle section https://www.linkedin.com/posts/trward_antitrafficking-children-childrensrights-activity-7152379678731751425-AWmG Random acts of kindness https://lnkd.in/d-DDffTa & https://lnkd.in/gYWJbrsC https://www.linkedin.com/feed/update/urn:li:ugcPost:7153416274314760192?commentUrn=urn%3Ali%3Acomment%3A%28ugcPost%3A7153416274314760192%2C7155405374173433856%29 Thank you

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