BY Michelle Garcia
November 25 2009 3:55 PM ET
A family court judge in Rutland, Vt., granted custody to the
non-biological mother of a 7-year-old girl as the result of a child visitation lawsuit between a former lesbian couple.
Janet Jenkins and her former partner Lisa Miller split after Miller renounced homosexuality in 2003. After court battles in Virginia and Vermont, Judge William Cohen issued a 21-page decision on Friday, granting custody of 7-year-old Isabella Miller to Jenkins.
Miller, a resident of Virginia, was found to be in contempt of court earlier this year, when she denied Jenkins visitation rights to Isabella.
"This court stated that continued interference by Ms. Miller with the relationship between [Isabella] and Ms. Jenkins could lead to a change of circumstances and outweigh the disruption that would occur if a change of custody were ordered," Cohen wrote.
Because Jenkins and Miller are in comparable financial standing and emotional availability, he wrote, "in the long term, the change in custody will be in [Isabella's] best interests as she will have the opportunity for maximum continuing physical and emotional contact with both parents."
Lisa Miller's attorney told the Rutland Herald that his client is planning to file an appeal. Jenkins told the paper that she would not block her ex from seeing their daughter.
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