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.

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.

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.

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 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.

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

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.

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.