Posted on Tuesday, 12.29.09

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  Vt. judge: Birth mom must give child to ex-partner

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      By WILSON RING


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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.

Associated Press Writer Steve Szkotak contributed to this report from 
Richmond, Va.

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