Step-mothers get custody over a parent?

Don Surber Blog at Dailymail

The case of Lisa Miller of Winchester, Virginia, versus Janet Jenkins of Fair Haven, Vermont, has gone from a nasty little divorce with a bizarre custody battle to a criminal case. Miller has renounced lesbianism and become an evangelical Christian, and gone into hiding with her daughter.

Miller and Jenkins were joined in a civil union in Vermont in 2000 (Democratic Governor Dr. Howard Dean had opposed gay marriage, insisting on the very civil unions option that Republican President George Bush and now President Obama embrace).

Marriages last about 5 minutes in this country and so no one should be surprised that gay marriage (civil union) leads to gay divorce.

During the marriage — civil union — Miller gave birth to Isabella, now 7, which made Jenkins the step-mother.

Custody wound up being granted to the step-mother.

Now the mother and the child have disappeared.

This happens in straight divorces as well. I remember covering such a kidnapped-my-own-child story more than 30 years ago when I tried to be an honest journalist.

Gay marriage — civil unions — are no panacea for any problem because straight marriages are no panacea either.

The judge originally granted custody to the mother but the step-mother won appeals in both the Virginia and Vermont supreme courts with the U.S. Supreme Court declining to hear an appeal. Both sides seem to have plenty of money for lawyers. I also get the feeling that if she had not renounced the gay lifestyle, Miller would have kept custody.

Absent some abuse by the mother — and promises of liberal visitations belie that — the child belongs with he mother and not the step-mother. And where is the father of Isabella?

But we are treating the step-mother like a father, aren’t we? If so, we are fools.

The Associated Press report:

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 scenario 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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