Vermont-Virginia custody battle takes another turn

Posted on 24 Nov 2009 at 9:53am

Janet Jenkins has been fighting in court for years to get access to her daughter Isabella, and as of Jan. 1, she will be given custody of the child, thanks to a court order by Judge William Cohen.

Isabella is the biological daughter of Jenkins’ former partner, Lisa Miller, who conceived the child after she and Jenkins moved from Virginia to Vermont to have a civil union. But after the little girl was born, the couple broke up. And Miller decided she was no longer gay and moved, with Isabella, back to Virginia where same-sex unions are not recognized and where she thought the courts would be on her side in the ensuing custody battle.

But Jenkins filed suit in Vermont courts to get visitation rights with Isabella. The Vermont courts sided with Jenkins, and the Virginia courts basically went along with that precedent. But still, Miller has consistently refused to abide by the courts’ rulings and has refused to let Jenkins see the child.

Finally, Judge Cohen got fed up with Miller and has decided that Jenkins will get custody of Isabella, effective Jan. 1.  Jenkins has agreed to visitation for Miller.

ProudParenting.com has more on the story.

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