Nov 29th, 2006 by ravi
Ex-Lesbian born again guilty of kidnapping?

The below is a positive turn to a custody fight that I have been following with some sadness and anger:

Ruling Lets Women Share Rights Custody Fight – NYT

Lisa Miller and Janet Jenkins had a child while joined in a same-sex civil union in Vermont.

The breakup of their relationship, and what it means for their daughter, Isabella, has for years been a source of tension between the Vermont courts, which recognize both women as Isabella’s mothers, and a Virginia judge who granted sole custody to Ms. Miller, Isabella’s biological mother, reasoning that Virginia law makes same-sex unions “void in all respects.”

But yesterday a three-judge panel of the Virginia appeals court unanimously accepted a ruling of the Vermont Supreme Court that conferred parental rights on both women.


The court ruled that a 1980 federal law, the Parental Kidnapping Prevention Act, required Virginia to defer to the Vermont court.

The law requires states to give full faith and credit to other states’ custody determinations. Because Ms. Miller filed papers in Vermont to dissolve her union to Ms. Jenkins in 2003, the appeals court said, the Vermont courts thereby gained sole jurisdiction over custody and visitation issues concerning Isabella.


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