Interesting custody battle

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  • 5.56'aholic

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    All I can say is WTF? They remove custody of the child from the biological mother and hand her over to the woman's ex-partner, who has no blood relation to the child what-so-ever? :nuts: This is definitely not the same as a heterosexual custody battle as the court suggests, nor could it be compared to an adopted child since one lady is the true mother. On a side note, were these not the same two who battled for their right to marry changing the law to begin with?


    Va. Woman Fails To Give Up Child To Ex-Partner
    BEN NUCKOLS,Associated Press Writer

    A woman at the center of a complex dispute with her former lesbian partner defied a court order to give up custody of her 7-year-old daughter Friday, and police said she could face parental abduction charges.

    A Vermont judge had ordered Lisa Miller to turn over daughter Isabella to Janet Jenkins at 1 p.m. Friday at the Falls Church, Va., home of Jenkins' parents. Miller did not show up with the girl, according to Fairfax County, Va., police and Jenkins' Vermont-based attorney.
    "She's very disappointed, obviously," said Sarah Star, Jenkins' lawyer. "She's very concerned about Isabella and asks that if anybody sees Isabella, that they please contact the authorities."
    The Jenkins family called police after Miller failed to show, and a detective from the department's child exploitation unit is investigating, said Officer Tawny Wright, a Fairfax County police spokeswoman.
    If police believe a crime has been committed, they will obtain a criminal warrant charging Miller with parental abduction, and at that point officers would begin searching aggressively for the child, Wright said. For the time being, she said, the case remains a civil matter.
    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.
    When Vermont Family Court Judge William Cohen dissolved the couple's 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.
    Cohen awarded custody 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.
    But Cohen also noted that it appeared Miller had stopped speaking to her attorneys and "disappeared" with the child.
    Miller's last known address is in Forest, Va. A telephone number listed for her at that address rang unanswered Friday.
    Her attorney, Mathew D. Staver, the law school dean at Liberty University, did not respond to a request through an assistant for comment.
    Carl Tobias, a University of Richmond law professor who has followed the case, said it was likely the Vermont judge would issue another contempt order in the wake of Friday's developments.
    Copyright 2010 The Associated Press.
     
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    Oct 29, 2009
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    Wait, what?

    Whiskey, tango, foxtrot, over.

    Surely there's more to this story?

    What is a judge doing giving someone's biological daughter to anyone who's not related to her,
    particularly if that person is not in a relationship with the biological parent?
    Repeat, whiskey, tango, foxtrot...
     

    hornadylnl

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    What the pro gay marriage crowd won't admit to is the ensuing charlie foxtrot that is coming from gay divorces.
     

    Eddie

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    It said in the article that there was a civil union. I don't know how Vermont wrote their law on civil unions, but in Indiana a child born to a married couple is assumed to be the father's child. There are plenty of instances of men paying support for children that aren't their own and even getting custody of children that aren't their own.

    I would agree with the above poster who says that there must be more to this story than the article reveals.
     

    edsinger

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    Still, this is just not right. The child should stay with the biological mother if at all possible and barring any unknown circumstances..
     

    hornadylnl

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    I'm not for gay marriage but these 2 women had this child "together". Would you not argue that if it were a married man and woman that used AI due to his infertility that he'd have a right to visitation? These unions and marriages have opened a whole new can of worms and the lawyers are salivating at the money they are about to make.
     

    dross

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    Lawyers, correct me if I'm wrong, but lots of states, if not all, have some provision for a situation where the father assumes he's the father of a child, but later finds out he isn't the biological father, but it's too late because legally he's now the father. And he could get custody.

    I'm sure my views of gay unions differ from many posters here, but I think if the couple has joined legally, and then has a child, both committing to the child's raising, then in a custody fight they should be viewed as equal.

    Whether or not you agree with gay marriage, if it becomes legal, then all these issues will have to be decided, and they are likely to mirror the responsibilities and priveleges of traditional marriage.
     

    Eddie

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    I'm not for gay marriage but these 2 women had this child "together". Would you not argue that if it were a married man and woman that used AI due to his infertility that he'd have a right to visitation? These unions and marriages have opened a whole new can of worms and the lawyers are salivating at the money they are about to make.

    Yup. Gay marriage means gay divorce.
     

    5.56'aholic

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    Whether or not you agree with gay marriage, if it becomes legal, then all these issues will have to be decided, and they are likely to mirror the responsibilities and priveleges of traditional marriage.

    Agreed, but at what point does a judge decided that its a good idea to remove a child from their biological parent? If she was unfit I could understand, but this is a ruling based on visitation rights not competency.
     

    hornadylnl

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    I think she lost custody because she refused visitation. To change custody due to that alone is harsh but I'm sure there is more to the story. I don't think it's healthy for children to be raised by homosexuals. This "mother" has had a change of heart and I applaud her for that. But some choices havelifelong consequences and being born again doesn't give you a free pass to absolve anyone of earthly consequences. The real loser in this is the child. Shell be used by both "parents" to attack the other.
     
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