Posted on 12/29/2009 10:40:34 AM PST by Steelfish
Vt. Judge: Birth Mom Must Give Child To Ex-Partner
By WILSON RING Associated Press Writer Dec. 29, 2009
MONTPELIER, Vt. -- The birth mother of a 7-year-old Virginia girl must transfer custody of the child to the woman's former lesbian partner, a Vermont judge has ruled.
Vermont Family Court Judge William Cohen ordered Lisa Miller of Winchester, Va., to turn over daughter Isabella to Janet Jenkins of Fair Haven at 1 p.m. Friday at the Virginia home of Jenkins' parents.
Miller and Jenkins were joined in a Vermont civil union in 2000. Isabella was born to Miller through artificial insemination in 2002. The couple broke up in 2003, and Miller moved to Virginia, renounced homosexuality and became an evangelical Christian.
In the Dec. 22 order denying Miller's request to delay the transfer of Isabella, Cohen wrote: "It appears that Ms. Miller has ceased contact with her attorneys and disappeared with the minor child."
Liberty Counsel attorneys who have represented Miller in the past did not immediately respond to telephone messages left Tuesday by The Associated Press.
A listing for Lisa Miller in Winchester, Va., says the phone line has been temporarily disconnected at the customer's request.
(Excerpt) Read more at sacbee.com ...
No the partner did not adopt this child and the story also leaves out that the birth Mother did abide by the visitation order until her child started comign home and having nightmares and stories of her other Mom bathing with her. When she couldn’t get the court to stop the visitation she fled with her child I assume to protect her from abuse.
I'm not familiar with the laws of the state of VT, but in many states (and possibly VT as well), it is not necessary for a married partner to be granted visitation in custody disputes involving pre-existing children that that spouse did not adopt. It happens all the time.
Second, from what I've read, custody was only granted to the lesbian "partner" after the biological mother refused to abide by the court's visitation order. If what you (and she) alleges is accurate, in this country such claims must be proven by the claimant. I understand that they weren't. I also understand that the biological mother refused to appear at either one, or perhaps several custody hearings. When you are a no-show in a civil proceeding, it shouldn't be a shock when you lose the proceeding. She did the wrong thing here, irrespective how well-intentioned she thought was. She is now a fugitive from justice and there's a reasonable chance she might be facing at least some minimal jail time.
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