Bucci & Dix

Henrico Circuit Court's Order for Visitation Upheld In Case of Non-Biological Parent

The Virginia Court of Appeals recently affirmed a Circuit Court's decision to hold jurisdiction over a non-biological parent's petition for child custody and visitation.  In the case of O'Rourke v. Vuturo, the Virginia Court of Appeals, sitting in Richmond, heard an appeal from the Henrico Circuit Court.  Vuturo was listed as the child's father on the birth certificate.  The child, however,  while born during the marriage of Vuturo and his wife (now remarried and going by the name O'Rourke), was in fact the biological child of Mr. O'Rourke.  While Vutro was away, his wife took the child to Maryland and moved in with O'Rourke.  The Vuturos subsequently divorced and Mr. Vuturo sought visitation. 

Under Virginia Code 20-146.12, Virginia Courts only have jurisdiction in custody issues if the child lives in the Commonwealth at the commencement of the proceeding or else lived in the Commonwealth within six months of the commencement with a parent or person acting as a parent continuing to live in the Commonwealth.  In this case, the Henrico Circuit Court held jurisdiction over the matter because the child lived with Vuturo within 6 months of commencement of the action and Vuturo was a person acting as a parent as defined in Virginia Code 20-146.1.  Vuturo developed a positive relationship with the child and a parent-child relationship developed.  In fact, the Court saw no evidence that granting Vuturo visitation would result in actual harm to the child.