Posted on 08/12/2004 9:13:57 AM PDT by Former Fetus
Breaking News from NewsMax.com
Civil Union Leads to Battle Over Child
Janet Miller-Jenkins, 39, is asking a family court in Vermont, the only state where civil unions are recognized, to award her custody of the child, claiming that Lisa has barred her from seeing Isabella even though under Vermont law she is a co-equal parent," the Washington Post reported.
"The dispute has mobilized activists on both sides of the gay-marriage issue. Lambda Legal, a prominent gay rights advocacy group in New York, is advising Janet, while Florida-based Liberty Counsel, which opposes gay marriage, is consulting with Lisa."
Stephen Cable, president of Vermont Renewal, said, "This is a shining example of the problems we knew would arise if these things became legal, but couldn't reference specifically before."
After Lisa turned to the organization for assistance, Cable helped her find legal representation in Vermont and Virginia. Vermont Renewal asks donors in a fund-raising letter to help her win custody because she is 2-year-old Isabella's "natural, responsible and loving mother."
The Post reported, "The letter says Lisa is a 'former lesbian' and states that 'with the help of counselors, church, and [a] caring and Christian brother, she has begun to turn around her life.'"
Liberty Counsel's president and general counsel, Mathew D. Staver, said, "The real showdown will be in Virginia, because giving any decision based on the civil union legitimacy would be the equivalent of exporting Vermont's law outside state borders, which is a dangerous precedent."
The Post reported, "Staver said the group fought to prevent a Georgia court from recognizing a Vermont civil union in a 2000 case, and in 2002 it helped persuade a Connecticut court not to dissolve a couple's Vermont civil union because it had no legal status in the state."
After moving back to Virginia with her baby, Lisa filed papers in Vermont to have the civil union dissolved. A court in Vermont has given her temporary custody of Isabella, whom Janet never adopted. Now Lisa is fighting to give her daughter a good and permanent home.
I have a question. If it had been a non-married, heterosexual couple, would the male have any legal rights to demand custody of the child? Somehow I don't think so, so why should a homosexual partner have any rights?
I tremble when I think on our legal system and the grave danger that little girl is in. Does anybody care about the physical and moral harm that would be inflicted on her if her mom's "lesbian ex-lover" should get custody?
Freepers, I've said it before, you are the best. It's time now to start praying for this child and don't give up until the matter is settled.
She never adopted the child. Seems like she's go no leg to stand on.
BTTT
Actually, a lot of it depends on what state you live in. I know here in Indiana, there are certain rights recognized of un-wed fathers, and yes fathers can seek custody even if they were never married to the mother.
As for the other situation... gays cannot marry nor have 'civil unions' here in Indiana, but they can adopt. Since this lady did not adopt, she would've been a step-parent, and therefore probably would not have much ground to stand on. An argument could be made for the bond established, if enough time elapsed, but even then I believe she would have to file as NEXT FRIEND on behalf of the child or she would be SOL. (From my understanding of Indiana law and all other things legal.)
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