In re Victoria C.
56 A.3d 338
Md. Ct. Spec. App.2012Background
- Victoria (born 1993) is the sister of Lance (5) and Evan (3); their parents are George and Kieran.
- Victoria lived with George from birth until 2009, then was placed in Texas with a maternal aunt after an abuse finding against George.
- Victoria returned to Maryland in 2010 and was placed in CCDSS custody; she was adjudicated a child in need of assistance (CINA) on April 26, 2010.
- An ancillary action sought Victoria’s visitation with her siblings; a Master recommended visitation, but George and Kieran opposed.
- The circuit court granted Victoria supervised visitation; Victoria turned 18 in August 2011; evidence showed strained parent–child relations and concerns about harm to the minors if visitation occurred; the court ultimately reversed and denied visitation on appeal.
- The Court held that Victoria’s adult status requires applying the Koshko standard for exceptional circumstances, and found no proven harm to the minor siblings from absence of visitation; the order granting visitation was reversed and remanded for denial of petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court erred in granting sibling visitation to Victoria. | George and Kieran argue lack of exceptional circumstances and potential harm to minors. | Victoria argues sibling relationship merits visitation under statutory and common-law considerations. | Yes; the court reversed and denied visitation. |
Key Cases Cited
- Koshko v. Haining, 398 Md. 404, 921 A.2d 171 (2007) (threshold requirement of parental unfitness or exceptional circumstances before best interests analysis applies in third-party visitation)
- In re: Tamara R., 136 Md.App. 236, 764 A.2d 844 (2000) (state interest in protecting a minor allows overriding parental opposition when necessary; limited applicability to adult siblings post-Koshko)
- Aumiller v. Aumiller, 183 Md.App. 71, 959 A.2d 849 (2008) (exceptional circumstances must be shown with solid evidence of future detriment to minors; not mere speculation)
- Brandenburg v. LaBarre, 193 Md.App. 178, 996 A.2d 939 (2010) (exceptional circumstances must show significant deleterious effect on children; court should defer to parents absent proof)
- Brandenburg v. LaBarre, 193 Md.App. 178, 996 A.2d 939 (2010) (repeated entry to emphasize standard for harm and deference to parental decisions)