VA Supreme Court Upholds Child Custody Case

June 6, 2008

RICHMOND, VA—The Virginia Supreme Court said Friday that a Vermont court's ruling should stand in a child visitation dispute between two former lesbian partners.

Friday's decision is a victory for Janet Jenkins, who entered a civil union with Lisa Miller in Vermont in 2000. Two years later, Miller gave birth to a daughter conceived through artificial insemination. The women later split up, and their civil union was dissolved.

Since then Janet Jenkins has been battling her former partner in both Vermont and Virginia for visitation rights to the child.

We are thrilled for Janet—at the end of the day this case is about being a mother to her daughter, said attorney Greg Nevins of Lambda Legal which represented Jenkins.

The Virginia Supreme Court's decision upheld the law and we are extremely pleased.

The little girl named Isabelle was conceived through artificial insemination to Lisa Miller-Jenkins. At the time she was in a relationship with Janet Miller-Jenkins which had been formalized by a civil union in Vermont where they resided.

When the relationship between the two women soured and they split up, a judge in Vermont gave Janet Miller-Jenkins temporary visitation rights with the child.

Miller fled with her daughter to Virginia which has some of the most anti-gay legislation in the country. She then declared she was no longer a lesbian, hired a conservative Christian law firm, the Liberty Counsel, and went to court in Virginia seeking sole custody of the child.

Jenkins fought the application on the grounds that the case was already before the court in Vermont.

But, Fredrick Virginia judge John R. Prosser ruled that since the mother resided in Virginia, a Virginia court would hear the case.  Subsequently Prosser ruled that Lisa Miller-Jenkins was the sole parent and that Janet Miller-Jenkins is nothing more a friend to the child.

In 2006 the Virginia Court of Appeals ruled that the state of Vermont has jurisdiction in the case, and threw out Prosser's ruling. The Appeals Court ruling was upheld by the Virginia Supreme Court.

Last year the Vermont Supreme Court unanimously concluded that under well-established laws designed to protect children and families the Vermont Family Court properly ordered visitation between Janet and her daughter.

Liberty Counsel appealed to the US Supreme Court, which refused to hear the case.

The conservative law practice representing Miller then asked the Virginia high court to invalidate the Vermont ruling on the basis that Miller lives in Virginia which does not recognize same-sex cop-parenting.

Today's ruling allows the appeals court decision to stand.

I'm relieved that this tug of war with my daughter is over, said Jenkins. This has been a very long four years. My daughter and I need some time to be together —she needs her other mom.

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