New wrinkle in lesbian custody case
Virginia woman asks public for help in locating her daughter
Staff Report
News tips: freepress2@ntelos.net
Janet Jenkins today appealed to the public for help in locating her daughter, Isabella Miller-Jenkins.
In November, the Rutland Family Court in Vermont ordered that Lisa Miller transfer custody of the child to Janet Jenkins on Jan. 1, 2010. The transfer of custody did not occur, and Isabella’s and Lisa’s whereabouts are unknown. Lisa’s attorneys say that they have not been in touch with her for some months, and Isabella’s guardian ad litem and attorney have been unable to contact her.
Isabella was born in 2002, after Janet and Lisa, then a couple, decided to have a child together. Lisa was artificially inseminated to conceive the child. The current custody and visitation case began in 2003, when Lisa filed papers in Vermont asking the court to dissolve her and Janet’s civil union and decide the custody of their child. The court granted temporary custody to Lisa and visitation to Janet. The court later determined that Janet is Isabella’s legal parent.
Lisa filed a new case in Virginia, seeking to have herself declared the sole parent of Isabella. After years of litigation, the Virginia Court of Appeals held that Vermont had jurisdiction over the case, and that Virginia courts must abide by the Vermont court’s decisions.
The recent order transferring custody to Janet came after the Vermont court had repeatedly held Lisa in contempt for refusing to comply with court-ordered visitation. The court found that Isabella should have a relationship with both of her parents, and that Lisa was unwilling to allow Isabella to have a relationship with Janet.
One of Janet’s attorneys, Sarah Star of Middlebury, Vermont, said, “We are very disappointed that the transfer of custody did not take place as ordered. For Isabella’s sake, we hope that she will be found soon and reunited with Janet.”
“Our main concern remains for the safety and well-being of Isabella. Our client, Janet Jenkins, has done everything she can as a loving parent to work within the system to protect her child. Lisa Miller has repeatedly defied court orders and her behavior has been outrageous and harmful,” said Greg Nevins, senior supervising staff attorney in Lambda Legal’s Southern Regional Office based in Atlanta, who also represents Janet.
“Today our thoughts are with Janet who does not know where her daughter has been taken. This terrible situation cannot continue. Miller and Isabella must be found and the transfer of custody must take place as the court has ordered,” Nevins said.
“We are very concerned for Isabella’s safety. We continue to hope that Lisa will do the right thing and comply with the court’s order,” said Rebecca Glenberg, legal director of the ACLU of Virginia and another of Janet’s lawyers.
Anyone with information regarding Isabella’s and Lisa’s whereabouts should call the Center for Missing and Exploited Children at 1-800-843-5678 or the Bedford County Sheriff’s Office at 540-586-4800.
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Here is what isn’t being mentioned in the article. Lisa MIller felt she had probable cause to fear for Isabella’s safety- and note the girl’s birth certificate say Isabella Miller. Jenkin’s name does not appear on it.
http://www.lifesitenews.com/ldn/2008/oct/08102707.html
“Miller: I didn’t start living with Janet until 1998 – I met her in Dec, ‘97 and I moved in probably around May or June of 1998 and I actually, ended up leaving her in 1999 because the relationship had turned violent. She had tried to throw me out – she was physically and verbally abusive. And when one night, she just totally blew up and she said that she wanted to kill me and she called her father to come and sit until she calmed down.”
“MIller: She is 6 now but this started when she was 5 – after visits. The very first time that Janet ever saw Isabella after the two and a half years, her very first over-night visit – the court ordered it and I allowed it because it was in Virginia and she was supposed to have been supervised by her parents, Isabella came home and said, “Mommy, will you please tell Janet that I don’t have to take a bath anymore at her house.” I asked her what happened. She said, “Janet took a bath with me.” I asked her if she had a bathing suit on. “No, Mommy.” She had no clothes on and it totally scared Isabella. She had never seen this woman except once in 2 ½ years and she takes a bath with her.”
Allegations of violence? Accusations of Bathing naked with a six year old? That would scare any parent into denying access.
Sorry but this entire case is a travesty and Lisa Miller has been charged with Absolutely Nothing. The girl has only one known parent in this world and that is her REAL mom, Lisa MIller.
Derek James…er Eric Smith, we have been through this whole thing rather a lot over the last several days on LGR. The assertions and allegations that you are so busy parroting were investigated and found to be baseless. Why don’t you guys stop trying to shove Ms Miller’s distortions down the throats of everyone else and stop lying about this whole thing.
This desperate attempt to spam every single story reporting on the reality of this case is a rather pathetic attempt to control the story when you know that the mainstream media has already looked into these allegations and rejected them because the courts have done so already.
Your constant refrains of “oh, you haven’t reported on this” are rather strained. Why don’t you get it through your skull that your attempts to get the media to side with Miller are not working, and your attempts to get the public to side with her aren’t working?
I’ll do what I have to do to get the TRUTH out there… that so many people are demanding that a little seven year old girl be ripped from her only parent to satisfy a political and legal agenda.
The public isn’t going to help enforce this ridiculous ruling to irreparably damage this little girl.
What about the facts of the case:
1) Miller is the only real, known, biological parent to Isabella Miller
2) After Miller found out Jenkins was supposedly taking NAKED BATHS with a 6 year old girl, she said ‘no more unsupervised visits.’ No one rational would blame her.
3) Why didn’t Jenkins move to Virginia? Here parents live there! She could have been in close proximity and readily involved in the girl’s life.
4) Jenkins name appears NOWHERE on Isabella MILLER’s birth certificate.
5) What kind of people, in the pursuit of a political and legal agenda would demand or recommend that a seven year old girl be ripped away from the only parent she has ever known?
This is a severe malfeasance of justice that Will Not Stand.
It is unconscionable that Lisa and Isabella Miller had to go into hiding in order to find some peace and security- and by the way, Lisa Miller has been charged with NOTHING! Absolutely NOTHING.
Judge William Cohen on the other can and may be sued for malpractice resulting in serious civil penalties. One can only hope they’ll remove that guy from the bench.
“Anyone with information regarding Isabella’s and Lisa’s whereabouts should call the Center for Missing and Exploited Children at 1-800-843-XXXX or the Bedford County Sheriff’s Office at 540-586-XXXX.”
WHY? The woman hasn’t been charged with anything? So we should report people if we Think they may be going to do something criminal? Are you kidding?
Mr. James,
Still trying to pull that one aren’t you? We have gone over this rather a lot on LGR haven’t we?
In fact, I believe that I answered this exact same post on our site already.
“I would love to see you sue all the judges in this case for malpractice. You think that is going to work. Every court has upheld his decisions. What is more, those events never happened, or did you not notice that the time line is screwed up? The courts investigated and found that Lisa Miller was lying through her teeth about these incidents. You might want to consider that before you try this effort to undermine the reality of this case. The irrational people are you, Mr. James, who believe Ms Miller and her lies. Oh, and no, I’m not going to have a civil debate with someone who is buying into a FUNDAMENTALIST site’s reporting on this case. What is also laughable is that you come in and call US sick and YOU want a civil debate. Why don’t you try drilling out the wax in your ears and listen to yourself.
Ms Miller has lied about the supposed child abuse to try and get people just as gullible as yourself to side with her. And religion is at the heart of this given Ms Miller’s constant delusion that prayer lead her to no longer be lesbian.
No, Mr. James, if you want civil debate, let us start by you apologizing for calling us sick, and then, you admitting that you’re busy relying upon information which was created by Lisa Miller to distort this whole case.
THEN, how about you admit that the courts have sided with Janet Jenkins, who has been deemed to be Isabella’s parent by the courts, and stop trying to push your distortions on the rest of us.”
Anon,
The order will be issued shortly, and then it is criminal. Of course, Ms Miller could come out of hiding and obey the law before that happens.
This union is not recognized here in Virginia. If the child was born and raised here with Ms. Miller, is not blood related to Ms Jenkins nor was adopted by her … what gives Ms. Jenkins the right to claim she is the child’s parent? This is absurd! Personally, I hope they are not found until the Court can see the errors that have been made!
Just_Mom,
Isabella was born in Vermont, not Virginia. By virtue of that civil union, Janet Jenkins is Isabella’s second mother. You act as if this is the first time you’ve heard of this case. This has been going on for years now. Isabella is not being given over to Jenkins’ custody all of a sudden, but rather after years of Lisa Miller ignoring and disobeying the orders of Judge Cohen in Vermont. Orders backed up by the courts in Virginia who say that Vermont Courts have jurisdiction over this case.
Bridgette,
Seeing as 92% of the US doesn’t recognize gay marriage and it has Never passed by referendum anywhere, good luck making the argument stick that they were ;joined’ or ‘married’ or any of that other laughable garbage.
Isabella has one and only one mom… Lisa Miller
A note from the editor: The IP address for Blah and Anon is the same as the IP address used by the person posting as Derek James. This would seem to be an attempt to demonstrate that there are more people sharing the same opinion as the original commenter.
Dear Editor,
I apologize for the confusion- Myself and my roomates use the same hook up/ IP address.
Just because several people live in the same place it doesn’t mean we’re all going to post under the same name or have the same ideas.
“Just because several people live in the same place it doesn’t mean we’re all going to post under the same name or have the same ideas.”
ROFL. That’s the oldest excuse in the book. If it were even true, you all do express the same flawed logic:
1. Virginia doesn’t have to recognize court decisions from other states. (Federal law states explicitly that they do, especially when it involves custody.)
2. Same-sex marriage/civil unions aren’t recognized in Virginia. (Except that the issue here isn’t recognition of a civil union, it’s recognition of a court custody order.)
3. Therefore Lisa Miller can disobey the law. (Except that following the law isn’t contingent upon liking it or agreeing with it. It is the law.)
It’s amazing how insistent you are that the laws against same-sex marriage be followed, yet simultaneously you’re arguing that laws regarding child custody be ignored. Rule of law is not optional or situational, Mr. James. You cannot claim one law to be inviolate while saying the next is inconvenient and should be ignored.
What’s even more amazing is how gullible you are to assume that the words of Ms. Lisa Miller and her small group of supporters are completely true. Despite the fact that the courts, law enforcement, social service agencies, the media, and many other observers have provided plenty of evidence to the contrary. You’re either incredibly naive or purposefully dissembling false/questionable information to further your anti-gay agenda.
I’ve been following this case for quite some time now.
The issue here is what is best for the child. Both Miller and Jenkins lived together initially in Virginia. The couple went to Vermont, and entered together into a Civil Union. They then moved back to Virginia.
Two months after the birth of the child in question, Miller-Jenkins moved to Vermont and established residency in that state. The following year, Miller moved back to Virginia, taking the child with her. Later, Miller filed in Vermont Family Court for the dissolution of the Civil Union with Jenkins. During that process, Miller agreed that Jenkins had parental rights, and that the child had bonded with both women equally. Both Miller and Jenkins agreed to the custody of the child (Miller) with liberal visitation rights (Jenkins).
Since then, Miller has refused to comply with the decision of the Vermont Family Court. While initially Virginia’s lower court had vacated the custody order from Vermont (citing that state’s Marriage Affirmation Act, which was the basis of Miller’s legal claim), subsequent appeals have ruled that the federal Parental Kidnapping Prevention Act applied, and that Miller must comply with the Vermont Custody and Visitation order. Miller has even appealed the decisions to the US Supreme Court, who refused to hear her appeal.
Throughout the court battles subsequent to Vermont’s initial custody and visitation order, which Miller agreed was fair and said she would obey, Miller has been in contempt of court for violating the order from the moment it was issued.
All of these decisions were issued by conservative judges acting upon existing laws. Miller has decided she alone is above the law, and is now in violation of the laws of Vermont, Virginia, and the United States. Morally, she is a fugitive who has kidnapped a child. The Vermont court has bent over backwards to give her every chance to comply, and she has refused.
Miller can hide behind her belatedly professed religious beliefs all she wants. She and her proxies can spam all the web sites with lies all she wants. She can play on the public’s homophobia and religious extremism all she wants.
To me, she is no different than any other parent who steals a child from another parent. She is a selfish criminal who is using her own child as a weapon to club the other parent with, with no regard for what is in the best interest of the child.
Had this happened between a heterosexual couple, even one unmarried, there would be no doubt that an arrest warrant would have been issued a long time ago. This is about what is best for a child, and we would all do well to remember that, and to put aside the bigotry and personal agendas. Miller has “gone underground,” believing herself exempt for the rules and laws of society. Such beliefs are delusional at best, and dangerous.
Family Foundation e-mail alert
Victoria Cobb, President
Wednesday, January 6, 2010
The sad custody battle over a seven year old girl took another turn on New Year’s Day, when Lisa Miller, the biological mother of Isabella Miller, failed to turn the child over to Lisa’s former lesbian lover despite a court order to do so.
The details are probably familiar to you. Lisa Miller and Janet Jenkins joined in a civil union in Vermont. They moved to Virginia where Lisa was artificially inseminated and gave birth to Isabella. Shortly after that, Lisa left the homosexual lifestyle and became a Christian. She has been battling Ms. Jenkins over custody ever since. Jenkins bases her right as a “parent” on Vermont’s civil union law, but Virginia law and Constitution do not recognize the civil union.
Regardless, courts in both Vermont and Virginia have repeatedly sided with Jenkins, recently culminating with a Vermont judge’s order for Janet to receive full custody of Isabella, which was scheduled to happen January 1.
The circumstances of this case are as heart wrenching as they are frustrating. It is our belief that the courts have failed to apply the law correctly, relying on Vermont’s civil union statute over Virginia’s Constitution and the federal Defense of Marriage Act that is supposed to protect Virginia’s marriage laws. Instead, judges at nearly every turn have ignored our law in favor of Vermont’s.
As I was interviewed about this story by CNN on Friday and then saw their report, it became clear that the ruse that civil unions are not marriage is over.
Throughout the story, CNN refers to the union as marriage, at one point saying Lisa and Janet were “married in a civil union,” and continuing to refer to Janet as a “parent” despite having no biological or legal ties to the child. One thing is for certain, the homosexual lobby’s attempts to portray civil unions as something less than marriage have been destroyed by their own words.
It’s interesting to note that I was asked over and over again by CNN about Lisa’s decision to “violate the court order,” but I was never once asked about the judges in this case who over and over again violated Virginia law. Instead of asking about Lisa’s actions, we should be asking how judges can simply ignore the parts of the law and Constitution they don’t like in favor of other parts.
Finally, we need to continue to pray for Lisa, Janet – and perhaps most importantly Isabella – in this entire mess. It’s difficult to predict the effect this situation will have on Isabella’s future, but it’s hard to believe that it will be positive.
I find it definitely questionable that Lisa was fine with visits and then became adamantly against visitation so quickly. I know that the allegations of inappropriate behavior by Jenkins have every reason to be suspect, but it would appear that something happened to make Lisa go from being fine with visitation to the extreme of being willing to break the law to stop it. Something happened here, I don’t know what and I am not agreeing with her allegations, but something happened to make change her attitude about visitation.
This whole situation really disturbs me. Aren’t custody courts supposed to look out for the best interest of the child? Regardless of the biological mother, Isabella has lived with Miller alone for most of her life. How is it in the best interest of Isabella to uproot her from the only life she knows. There is no abuse or neglect in this situation, so I am completely stunned by this ruling. I think of myself at that age if I had to be taken away from my home and my mother, how horrifying! The courts need to put the well-being of the child first, and not let the law ever leave a human being it in its path of destruction. I would add if the situation was reversed and Isabella had lived most of her life with Jenkins that I would not think it right to remove Isabella from Jenkins even if Miller is the biological mother. The parent who has been absent from the child’s life should not be rewarded with full custody. Period.