SCOTUS Rejects Fugitive Mom's Custody Case
BY Michelle Garcia
November 09 2010 3:20 PM ET
The U.S. Supreme Court has declined to hear a case regarding a woman's attempt to retain full custody of her biological daughter after several state courts granted custody to her former lesbian partner.
Janet Jenkins has been granted custody of 8-year-old Isabella Miller-Jenkins by the Vermont family court, the Vermont supreme court, and the Virginia supreme court.
However, the girl has been in hiding with her biological mother, Lisa Miller, for more than a year. Monday, the U.S. Supreme Court turned down an appeal from Miller, who wanted a reversal of a Virginia court decision that allowed Jenkins at least partial rights to their daughter's custody, according to the Associated Press.
The women were joined in a civil union in 2000, followed by the birth of Isabella. They separated in 2003, causing Miller to move to Virginia with Isabella. Due to Vermont civil union law, the courts have held that Jenkins does have the right to visitation, and Virginia courts have also upheld that law.
However, because Miller failed to comply with the Vermont family court's visitation order, she is being held in contempt, and the courts have granted full custody to Jenkins, according to Gay and Lesbian Advocates and Defenders, which represented Jenkins in court along with Vermont attorney Sarah R. Star.
Miller is represented by the Liberty Counsel.
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