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Cross State Civil Union Custody Battle Heats Up Again
08/26/09 — by Bridgette P. LaVictoire
The custody battle between Lisa Miller and Janet Jenkins had carried on now for several years, there does not appear to be any end in sight for the moment. On 25 August the ACLU requested that Lisa Miller be jailed for lack of compliance concerning visitation rights for Miller and Jenkins’ daughter Isabella; however, the Virginia courts did not agree with the ACLU. Lisa Miller will not be jailed, but for every day she is not in compliance with the orders of Rutland County Family Court Judge William Cohen she will be fine $100. The recent filings concerning this case are attempting to prevent Virginia officials from enforcing the visitation order issued in Vermont.
Judge Cohen granted visitation rights based upon the civil union of Lisa Miller and Janet Jenkins. Shortly after the visitation order was handed down Lisa Miller fled to Virginia in hopes of avoiding the visitation order. Every case so far has ended with the Virginia courts and even the United States Supreme Court siding with Ms. Jenkins. The current contention is that while Virginia officials must recognize the Vermont orders they cannot enforce them. United States law is quite clear on this subject and the visitation order issued in one state must be adhered to in another.
According to the Liberty Counsel Ms. Jenkins has not visited Isabella in Virginia. Nevermind the fact that the Liberty Counsel is part of Liberty University, and is one of the more homophobic institutions in the country. It is unlikely that Ms. Jenkins would be willing to visit such a hostile environment due to the discomfort and animosity that would be on public display in Lynchburg, Virginia. Janet Jenkins has publicly stated that she believes that Isabella’s best interests are not served by being raised within such a homophobic and Fundamentalist Christian environment.
Depending upon the outcome of this new case, which will be decided this fall, Lisa Miller may lose custody of Isabella permanently. Judge Cohen issued a warning earlier this year stating that if Ms. Miller does not comply with this order he will reopen the issue of custody.
10 Responses to Cross State Civil Union Custody Battle Heats Up Again
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fred
September 3, 2009 at 1:20 pm
Two corrections: Lisa did NOT “flee to Virginia in hopes of avoiding the visitation order.” She lived there BEFORE this went to court. Second, you say that even the U.S. Supreme Court has sided with Janet Jenkins. The Supreme Court decided not to hear an appeal based on certain arguments. Far from “siding with” someone.
Sei
September 3, 2009 at 1:44 pm
Fred,
Every single newspaper that I have read indicates that Ms Miller FLED to Virginia after the order was handed down. Indeed, the fact that she went there to avoid the visitation order qualifies as fleeing.
Incidentally, please do not try to hide behind yet another name because we do know that this is the same person who came on our site not too long ago to complain about the stories that we have published about this particular custody case. We know that you are NOT Fred, and you forgot to change your picture.
fred
September 3, 2009 at 1:50 pm
Then apparently you never read the Washington Post story: http://www.washingtonpost.com/wp-dyn/content/article/2007/01/30/AR2007013001316.html
Sei
September 3, 2009 at 2:37 pm
Oh, psudo-Fred, thank you for reminding me of that story. She still fled to Virginia.
Incidentally, you haven’t gone back to the first name that you posted under, and if you continue to use someone else’s ID markers to post under this name, I’m going to have to take some action regarding your comments.
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