VA Court Continues to Ignore VT Custody Jurisdiction

September 29, 2004

A Frederick County judge Tuesday ruled that the former partner of a lesbian mom had no right to joint custody even though her right as a co-parent had already been determined by a court in Vermont.

Lisa Miller-Jenkins entered into a civil union with Janet Miller-Jenkins in Vermont where they resided. When Lisa had a baby by in vitro fertilization, Janet was legally recognized as a co-parent.

When the relationship soured, a judge in Vermont gave her temporary visitation rights with the child. Lisa fled with the child, now aged two, to Virginia which has the strictest anti-gay laws in the country regarding same-sex relationships.

Lisa went to court in Virginia seeking sole custody.

The battle between the two women became so embittered it dragged the courts of the two states into the dispute.

Janet fought the application on the grounds that the case was already before the court in Vermont. But, Judge John R. Prosser ruled that since the mother resided in Virginia, a Virginia court would hear the case.

A Family Court judge in Rutland, Vermont then found Lisa Miller-Jenkins in contempt for moving to Virginia and disobeying a court order involving the child's custody.

Tuesday Judge Prosser ruled that Lisa as the birth mother was the only person with any legal right to custody of the child. He said that Lisa can decide whether to allow visitation by her former partner.

Janet's lawyer said he is planning an appeal of the ruling.

A Virginia law passed earlier this year outlaws same-sex marriage and civil unions and declares that either, performed outside the state, is invalid in Virginia. It also disallows partner benefits in the state.