In re Victoria C.

Victoria was declared a child in need of assistance after her father, George, would not allow her return to the home he shared with his wife, Kieran, and their two children, Lance and Evan. Victoria later sought visitation with Lance and Evan. An assigned master recommended supervised visitation. George and Kieran filed joint exceptions to recommendation in light of Koshko v. Haining because Victoria did not meet her burden of showing prima facie evidence of exceptional circumstances demonstrating detriment to the children absent visitation from Victoria. The circuit court then denied the exceptions and ordered supervised visitation. The court of special appeals reversed, holding that Victoria had not proven exceptional circumstances within the analytical framework established by Koshko. The Court of Appeals affirmed in part and vacated in part the judgment of the court of special appeals, holding (1) the master and circuit court relied on the incorrect applicable standard in determining whether exceptional circumstances existed to order visitation; and (2) therefore, the order should be reversed and remanded for consideration of whether jurisdiction actually existed to order sibling visitation and, if so, whether a deleterious effect on Lance and Evan could be proven. View "In re Victoria C." on Justia Law