This case arises from an Order of the Circuit Court for Carroll County granting sibling visitation to Victoria C. (“Victoria”). The circuit court granted supervised visitation to Victoria with her minor siblings, Lance and Evan. The parents of the minor children, George and Kieran, opposed visitation. George and Kieran filed this timely appeal.
On appeal, George and Kieran present one issue for our review, which we have rephrased as follows:
Whether the circuit court erred in granting sibling visitation to Victoria.
For the reasons set forth below, we conclude that the circuit court erred, and accordingly, we reverse the visitation order.
FACTS AND PROCEDURAL BACKGROUND
Victoria was born on August 25, 1993. Victoria’s mother is deceased. Victoria’s father, George, married Kieran, Victoria’s stepmother, in 2005. George and Kieran have two chil
Upon her return from Texas, George did not allow Victoria to live in the family home, and Victoria was taken into the care and custody of the Carroll County Department of Social Services. The Carroll County Department of Social Services (“CCDSS”) petitioned the circuit court to adjudge Victoria as a child in need of assistance (“CINA”). By court order, Victoria was found to be a CINA on April 26, 2010.
As an ancillary action to the CINA proceeding, Victoria sought visitation with her two minor siblings, which George and Kieran opposed. On May 24, 2011, a hearing was held before a Master in the Circuit Court for Carroll County. At the hearing, Victoria presented testimony from CCDSS social worker Michelle Jacobs, Victoria, and Kieran. Jacobs testified that Victoria was doing well in foster care and had expressed a desire to see her siblings. Jacobs testified that there were attempts at family therapy between Victoria and George, but the therapist determined that continued family therapy was not indicated. Jacobs testified that she believed that it was not in Victoria’s best interest to have contact with her siblings until some sort of relationship could be established between Victoria and George. Jacobs testified that she believed supervised visitation at the CCDSS would not be adequate.
Victoria testified that she had been close to her siblings before she left home and, since she had been unable to see them, “[i]t has been like a hold, kind of. I just—I miss them. They were an entire section of my life.” Victoria also introduced a letter from her therapist, expressing the therapist’s views on the appropriateness of visitation from Victoria’s
Victoria called Kieran as an adverse witness. Kieran testified that there were no pictures of Victoria displayed in the family home, but that there were also no photographs of other family members displayed in the home. Kieran acknowledged that when Victoria lived in the family home before leaving for Texas, she had a loving and caring relationship with her brothers.
The CCDSS offered no witnesses. Counsel for George orally presented a motion for judgment at the conclusion of Victoria’s case, which was denied. Thereafter, George presented two witnesses, clinical therapist Joan Mclnerney and himself. Mclnerney began working with the family after George initially contacted her. Mclnerney testified that she had seen George individually two to three times and had seen Victoria individually five to six times. Thereafter, she had two joint sessions with both George and Victoria before therapy was discontinued. Mclnerney testified that she did not believe that George and Victoria were making progress toward reconciliation and both George and Victoria were guarded and emotionally shut down with each other. Mclnerney testified that she “continued to not recommend sibling visitation because of the unresolved and extreme anger and distrust between [George and Victoria] toward each other.”
George testified that Victoria had a close relationship with her brothers while still living in the family home. George testified that he had been involved in counseling with Victoria and attempted to continue counseling. He further testified that he would like to attempt to have some sort of relationship with Victoria, but that Victoria had said that she was not interested in any kind of a relationship. George testified that
Kieran also testified. She expressed concern regarding the hostility Victoria displays toward George and concern about “how she might, unintentionally, but might influence the relationship between my sons and my husband and my sons and myself.” Kieran echoed the same concerns expressed by George, stating: “I don’t feel comfortable introducing my two young children to someone I don’t already have at least a neutral relationship with.” Kieran reported that Lance occasionally asks about Victoria but does not recognize her in the family’s wedding photos. Evan does not recall Victoria at all. Kieran testified that when Lance has asked about Victoria, she and George have explained that Victoria is living elsewhere, either in Texas or elsewhere in Maryland.
The Master filed her findings and recommendations on June 15, 2011. The Master recommended that Victoria be allowed visitation with her siblings. The Master found “there is sufficient evidence that exceptional circumstances exist as required [by Maryland law].” George and Kieran timely filed exceptions. On August 25, 2011, Victoria turned eighteen years old.
The circuit court heard argument on the exceptions on September 29, 2011. After the exceptions hearing but before the circuit court issued its opinion, in October 2011, Victoria
The circuit court issued its opinion on February 2, 2012, denying George and Kieran’s exceptions. George and Kieran noted a timely appeal on March 2, 2012. While the appeal was pending, George and Kieran filed a motion for reconsideration. Due to the pending appeal to this court, the circuit court did not take any action on the motion for reconsideration. We shall include additional facts, as necessary, in our discussion of the issues.
STANDARD OF REVIEW"
We generally review orders related to visitation or custody applying an abuse of discretion standard. Brandenburg v. LaBarre,
DISCUSSION
The overarching issue before us is the standard that applies to an adult sibling seeking visitation with her minor siblings, and whether, under the applicable test, the circuit court erred in granting Victoria visitation. We first consider the applicable standard for an adult sibling seeking visitation with minor siblings.
George and Kieran argue that the test articulated in Koshko v. Haining,
It is well established that parents “are invested with the fundamental right ... to direct and control the upbringing of their children.” Id. at 422,
In Koshko, supra,
[A]lthough there may be a difference in the degree of intrusion, it is not a difference of constitutional magnitude. Visitation, like custody, intrudes upon the fundamental right of parents to direct the “care, custody, and control” of their children. Through visitation decisions granting such privileges to third parties may tread more lightly into the protected grove of parental rights, they tread nonetheless .... [T]he weight of the footfalls on that territory is sufficiently direct and substantial as to require rigorous scrutiny.
Id. at 430-31,
We see no reason why the Koshko test does not apply in the instant case. George and Kieran clearly possess a fundamental liberty interest in the care, custody, and control of Lance and Evan. As a result, Victoria’s petition for visitation must be considered within a framework that safeguards George and Kieran’s constitutional right. Victoria argues, however, that there is a “Maryland common law presumption in favor of siblings” articulated in In re: Tamara R.,
We first note that In re: Tamara R. was decided seven years before the Court of Appeals decision in Koshko. In re: Tamara R., therefore, has limited utility to an analysis of third-party visitation post -Koshko. Still, assuming arguendo that the holding of In re: Tamara R. is still good law, it is distinguishable from the instant case. In re: Tamara R. involved a minor child, Tamara, who sought visitation with her
[T]he State’s interest in the protection of a minor child who has been removed from her parent’s care is sufficiently compelling to justify over-riding her parent’s opposition to visitation with her sibling, if there is evidence that denial of sibling visitation would harm the minor child who is separated from her family; it is not necessary that denial of visitation also would harm the siblings whom the separated child seeks to visit.
In re: Tamara R., supra,
In this case, unlike In re: Tamara R., the sibling seeking visitation is an adult.
Some courts have held the right to associate with one’s sibling to be a constitutional right, while other courts have declined to hold that there are constitutional grounds for protecting the sibling relationship. Id. at 257-59,
Third parties seeking visitation are often close family members, including grandparents, stepparents, and siblings, among others. We find no indication in existing Maryland law that suggests that siblings should be subject to a different standard than other third parties when seeking visitation with minor siblings. Although the importance of the sibling rela
B. Applying the Koshko Standard
The holding of Koshko is clear: “[T]here must be a finding of either parental unfitness or exceptional circumstances demonstrating the current or future detriment to the child, absent visitation from [the third party], as a prerequisite to the application of the best interests analysis.” Koshko, supra,
We have not defined the term exceptional circumstances in past cases, and we decline to do so in the instant case. “Exceptional circumstances are determined on a case-by-case basis.” Aumiller v. Aumiller,
[T]he length of time the child has been away from the biological parent, the age of the child when care was as*102 sumed by the third party, the possible emotional effect on the child of a change in custody, the period of time which elapsed before the parent sought to reclaim the child, the nature and strength of the ties between the child and the third party custodian, the intensity and genuineness of the parent’s desire to have the child, [and] the stability and certainty as to the child’s future in the custody of the parent.
Ross v. Hoffman,
A finding of future detriment “must be based on solid evidence in the record, and speculation will not suffice.” Brandenburg, supra,
Although exceptional circumstances are evaluated on a case-by-case basis, our analysis in two cases is instructive. In Aumiller, supra,
We rejected that grandparents’ argument that the parent’s withholding of visitation, as well as the withholding of information about the children’s father, constituted exceptional circumstances. We noted that adopting such a view “would render Koshko’s threshold requirement superfluous and allow third parties to reach the best interests analysis in virtually every ease.” Id. at 82,
In Brandenburg, supra,
This Court reversed, concluding that the circuit court erred as a matter of law. Id. at 191,
The trial court was not permitted to draw an inference from the mere amount of time the children once had spent with the grandparents or the generally loving and bonded relationship they had had with them that the cessation of contact between the appellees and the children had harmed the children. The [grandparents] bore the ultimate burden of showing harm and they failed to present the court with facts from which it could draw a reasonable inference of significant deleterious effect.
Id. As a result, we reversed the circuit court’s visitation order.
Turning to the instant case, we emphasize that exceptional circumstances must be evaluated on a case-by-case basis. Victoria had a close relationship with her brothers when they resided in the same home, but she has not had
The circumstances under which Victoria lost contact with her brothers are, however, unique. She left the family home due to an indicated finding of abuse against her father, and Victoria was not permitted to return to the home upon her return from Texas. Victoria was adjudicated to be a CINA and was in the custody of the CCDSS, and repeatedly expressed an interest in visitation with her siblings. Extensive evidence was presented indicating that, at this point, Victoria and George have a very poor relationship, and Victoria expressed that she desired not to have a relationship with George.
Critically, no evidence was presented that the minor children had suffered any negative effect as a result of the absence of visitation with their sister. Victoria presented no expert testimony regarding whether the absence of visitation caused harm to the minor children, which we indicated in Aumiller, supra,
Rather than focusing on whether the minor children were harmed by not having visitation with Victoria, both the Master and the circuit court considered the detriment suffered by Victoria from the absence of visitation with her siblings.
Moreover, harm to a minor child may not be presumed. As in Brandenburg, Victoria had a warm and loving relationship with her brothers prior to leaving the family home. Because Lance remembered Victoria and had asked about her, the circuit court “infer[red] that Lance would like to have contact with Victoria, and this raises an inference that there is a significant deleterious effect on Lance by virtue of denying him visitation with his older sister.” Such an inference is not appropriate. A court “cannot presume such an effect when, as here, no evidence of harm was adduced.” Brandenburg, supra,
As we explained in Brandenburg:
The bar for exceptional circumstances is high precisely because the circuit court should not sit as an arbiter in*107 disputes between fit parents and grandparents over whether visitation may occur and how often. In the instant case, the fit parents chose to end contact between their children and the paternal grandparents because of a personal dispute between the parties. Although the trial court may, and did, disagree with this choice, it must defer to the parents’ wishes absent proof of significant deleterious effect caused by the cessation of visitation.
Id. at 192,
JUDGMENT OF THE CIRCUIT COURT FOR CARROLL COUNTY REVERSED. APPELLEE TO PAY THE COSTS.
Notes
. We recognize that Victoria was a minor, who had been adjudicated a CINA, when the visitation petition was initiated. Victoria, however, is now an adult and is no longer under the care and supervision of the CCDSS. We note that Victoria still has the right to seek visitation although she was no longer under CCDSS supervision. As a minor under state supervision, Victoria could seek visitation pursuant to Md.Code (1984, 1999 Repl.Vol.), § 5-525.2 of the Family Law Article ("FL”), which provides: "Any siblings who are separated due to a foster care or adoptive placement may petition a court, including a juvenile court with jurisdiction over one or more of the siblings, for reasonable sibling visitation rights.” FL § 5-525.2(b)(l). As an adult, Victoria no longer possesses the statutory right to seek visitation under that section, and no other statute specifically provides for adult sibling visitation. It is well established, however, that "there [is] no statutory limitation on the jurisdiction of courts with respect to whom custody or visitation [can] be awarded.” S.F. v. M.D.,
