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Mom must give up daughter to lesbian ex

 
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bacasper



Joined: 26 Mar 2007

PostPosted: Tue Dec 29, 2009 7:00 pm    Post subject: Mom must give up daughter to lesbian ex Reply with quote

My, how we've become progressive!

Vt. judge: Birth mom must give child to ex-partner

By WILSON RING, Associated Press Writer Wilson Ring, Associated Press Writer � 4 mins ago

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 ruled, adding that it seems the woman has "disappeared" with her daughter.

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.

But 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."

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.

Cohen awarded custody of the girl to Jenkins on Nov. 20 after finding Miller in contempt of court for denying Jenkins access to the girl.

The judge said the only way to ensure equal access to the child was to switch custody. He also said the benefits to the child of having access to both parents would be worth the difficulties of the change.

Mathew Staver, Miller's attorney, declined through a spokeswoman to comment on the case.

A listing for Lisa Miller in Winchester, Va., says the phone line has been temporarily disconnected at the customer's request.

Jenkins' attorney, Sarah Star, said she hopes Miller is simply not communicating with her attorneys but plans to comply with the order.

"It is Ms. Jenkins' intent when she has custody of Isabella to allow as liberal contact as is possible with her other mother," Star said Tuesday.

When Cohen dissolved the civil union, he awarded custody to Miller but granted liberal visitation rights to Jenkins.

The supreme courts of Virginia and Vermont ruled in favor of Jenkins, saying the case was the same as a custody dispute between a heterosexual couple. The case was appealed to the U.S. Supreme Court, which declined to hear arguments on it.

If Miller does not turn over Isabella, the most likely scenerio is that she would be held in contempt of court and a warrant would be issued for her arrest, said Cheryl Hanna, a professor of constitutional law at Vermont Law School.

"I think the underlying thing is the fact that they are a lesbian couple doesn't mean that the court's going to treat this any differently than if they were a heterosexual couple," she said.
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Tue Dec 29, 2009 7:56 pm    Post subject: Reply with quote

Quote:
Cohen awarded custody of the girl to Jenkins on Nov. 20 after finding Miller in contempt of court for denying Jenkins access to the girl.


That is the key sentence. Both parents have rights as parents and one was found to be denying the other of her just rights. The judge acted correctly in a difficult situation.
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conrad2



Joined: 05 Nov 2009

PostPosted: Tue Dec 29, 2009 9:08 pm    Post subject: Reply with quote

In same sex lesbian couples, does the non blood related lesbian have to adopt the child, or does the civil union (or marriage) mean both automatically have parental rights?
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djsmnc



Joined: 20 Jan 2003
Location: Dave's ESL Cafe

PostPosted: Wed Dec 30, 2009 2:25 am    Post subject: Reply with quote

conrad2 wrote:
In same sex lesbian couples, does the non blood related lesbian have to adopt the child, or does the civil union (or marriage) mean both automatically have parental rights?


Both should be executed for defying natural law and the child should subsequently be deprogrammed
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bacasper



Joined: 26 Mar 2007

PostPosted: Wed Dec 30, 2009 8:57 am    Post subject: Reply with quote

djsmnc wrote:
Both should be executed for defying natural law and the child should subsequently be deprogrammed

If anything, taking care of children (as both women here are trying to do) is following natural law.
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wesharris



Joined: 10 Oct 2008

PostPosted: Wed Dec 30, 2009 6:09 pm    Post subject: Reply with quote

Yeah men are not equal in the taking care of part.
But men are much more than equal in the actual
action of procreation part.
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Kikomom



Joined: 24 Jun 2008
Location: them thar hills--Penna, USA--Zippy is my kid, the teacher in ROK. You can call me Kiko

PostPosted: Thu Dec 31, 2009 9:56 am    Post subject: Reply with quote

Quote:
The judge said the only way to ensure equal access to the child was to switch custody. He also said the benefits to the child of having access to both parents would be worth the difficulties of the change.

This is common sense. This Miller chick needs to start remembering why she had this child to begin with and live up to that commitment. She can't just decide to ruin everyone's else world just because she had a change of heart.
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