Blog

Supreme Court Declines to Decide Civil Union Child Custody Case

On December 8th, the United States Supreme Court declined to hear the case of Miller-Jenkins v. Miller-Jenkins, a child custody battle between Lisa Miller, formerly of Winchester, and Janet Jenkins, of Fairhaven, Vermont, which has been in the Virginia court system for several years.

Lisa Miller and Janet Jenkins were partners in a civil union legally recognized in Vermont, and have been battling in the courts of both states for several years for custody of and visitation with  Miller's biological daughter, Isabella. Miller became pregnant by artificial insemination and the child was born after the two moved back to Virginia from Vermont, which had declared both women to be the child's parents.

Thereafter, a Vermont court awarded Janet Jenkins visitation with the child. She successfully registered the Vermont visitation order in the appropriate Virginia Juvenile & Domestic Relations District Court, and Lisa Miller appealed that registration to the circuit court. The circuit court reversed the registration order. Jenkins appealed.

The Virginia Court of Appeals reversed, holding that the Virginia circuit court did not have jurisdiction over the visitation issue because of the Vermont visitation order already in place, and legally registered in Virginia. The Virginia Supreme Court affirmed that decision. By declining to accept the appeal, the Vermont Supreme Court order on visitation remains in effect, though Miller retains custody of the child.

Labels: child custody child visitation civil union gay and lesbian rights parental rights Richmond divorce attorney