In re Jones

Amherst County Circuit Court

In re Jones

26 Va. Cir. 165, 1991 Va. Cir. LEXIS 563

DecidedDecember 18, 1991

StatusPublished

This text of 26 Va. Cir. 165 (In re Jones) is published on Counsel Stack Legal Research, covering Amherst County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Jones, 26 Va. Cir. 165, 1991 Va. Cir. LEXIS 563 (Va. Super. Ct. 1991).

Pincite

Opinion

By Judge J. Michael Gamble

I have considered the evidence and argument in the above matter. In this regard, I am convinced that the law will not allow me to award Mr. Vaughan any visitation rights.

Although Mr. Vaughan has served in a paternal relationship with Lucas in the past, the DNA tests have excluded him as the biological father. Section 16.1-241(A) of the Code of Virginia does not grant visitation privileges to persons outside of “family members.”

Also, in Kogon v. Ulerick, 12 Va. App. 595 (1991), the Court of Appeals of Virginia denied visitation to a man who had been eliminated as the child’s father even though the man had served in a paternal relationship with the child and had previously been married to the child’s mother. The facts in Kogon v. Ulerick are more favorable to the non-parent seeking custody than the instant case. Notwithstanding those facts, the Court in Kogon did not allow visitation with the former stepfather.

Accordingly, I will affirm the decision of the Juvenile and Domestic Relations District Court.

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