Same Sex Child Custody Case Travels Across State Lines
Posted on Jan 14, 2010 1:57pm PST
On Monday, a recently filed court order declared that a
Vermont court decision to give custody of a 7 year old girl to one parent of a lesbian couple, now separated, is enforceable in the state of
Virginia.
In 2002, Janet Jenkins and her partner, Lisa Miller, conceived their daughter Isabella Miller-Jenkins through artificial insemination in Vermont. The couple separated in 2003. Shortly after their separation,
child custody was given to Miller who moved to Virginia and later renounced homosexuality.
Later in 2003, Vermont's supreme court granted child custody to Jenkins. The court based its decision upon the fact that Miller had denied Jenkins visitation rights and had stopped speaking with attorneys working on the case.
The decision made on Monday verifies that the court decision that was made in Vermont is enforceable in Virginia. After the decision was made, Jenkins' lawyer, Rebecca Glenburg, said, "We expect Virginia law enforcement to take whatever actions they can to locate the child and make sure the custody order is complied with."
At this time, Isabella Miller-Jenkins whereabouts are unknown. Experts say that former spouses often present problems in child custody cases.
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