May Who Was Not Even Stepfather of Child Could Petition for Visitation With Child From Previous Marriage; Relocation to Florida Approved.

In the published opinion of Surles v. Mayer, the Virginia Court of Appeals ruled that a man who lived with and had a daughter with a woman could petition the court for visitation with the woman’s son from a previous marriage.  However, the Virginia Court of Appeals denied the request for visitation as the man failed to show that the boy would suffer actual harm if the man was not allowed visitation with the boy.  Significantly, the mother objected to allowing any visitation between the boy and the man.  In addition, the Court ruled that the trial court properly permitted the woman to take the parties’ daughter and move to Florida.