• Legal fight in lesbian custody dispute ratchets up
    Staff Report | January 04,2010
     

    An arrest warrant is being sought against a Virginia mother who has disappeared with her daughter rather than comply with a court’s order to turn the child over to her former lesbian partner in Vermont.

    Three days after Lisa Miller failed to deliver her 7-year-old daughter to Janet Jenkins in accordance with a Rutland Family Court order, Jenkins’ attorney on Monday asked the court to find Miller in contempt of court and to issue a bench warrant for her arrest.

    Miller, whose last known address was in Forest, Va., has only appeared in Vermont for court hearings since her civil union with Jenkins was dissolved in 2003. Miller, who renounced homosexuality after the break up, returned to her home state of Virginia where state law does not recognize gay unions.

    But while Miller and Jenkins former union isn’t recognized in Virginia, the judiciary in that state has, after consecutive appeals, held that Virginia must uphold the Vermont court’s family custody orders.

    The latest order from Rutland Family Court Judge William Cohen called for Miller to transfer custody of her biological child to Jenkins who, while biologically unconnected, was granted parental status with visitation rights by the court. In a 21-page decision, Cohen said he ordered the transfer after Miller repeatedly refused to allow Jenkins to visit with her daughter.

    Jenkins has asked police in Virginia for help finding Miller and her daughter whose whereabouts are unknown.

    Miller’s lawyers in Orlando, Fla., could not be reached Monday afternoon.

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