There’s a bit of history about this story, but here’s the quick and simple version (in quote format to separate it, but I wrote it):
Vermont lesbian couple gets a civil union, has a kid through artificial insemination, and then divorces in 2003. Biological mother renounces homosexuality, moves to Virginia to keep the kid from the other mom. Custody battles ensue for the next six years.
The biological mom (Lisa Miller) has constantly blocked her ex-partner (Janet Jenkins) from seeing the kid, using the law in Virginia as a bit of a shield to hide behind. Yesterday, however, things took an interesting turn. As Brent Curtis writes in the Rutand Herald:
In a 21-page order, Judge William Cohen granted sole custody of 7-year-old Isabella Miller to her nonbiological but court-recognized parent, Janet Jenkins.
[…]“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,” he said, adding that both parents were equal in terms of stability, financial resources, emotional availability and other considerations required for child rearing.
Where they weren’t equal, he said, was in their willingness to work together. While Miller has repeatedly and consistently blocked Jenkins’ access to Isabella, the judge said Jenkins has agreed to allow Miller access and would allow Isabella to continue to attend church events with her other parent.
This isn’t the end of the story. This problem with the jurisdictions here, and the back and forth between Virginia and Vermont– it creates a bit of legal chaos, and has real life consequences that are fairly serious. The lack of legal clarity here, the fact that DOMA does an end-run around the constitution in order to circumnavigate full faith and credit… this is why we are in this mess in the first place.
Thanks for the update. We were following the story here way back, (including how one local right-wing whack was attempting to exploit the situation to climb the right wing political ladder) but it had completely fallen off my radar. Sounds like very little progress has been made in a lot of time, which is just going to mess with this poor kid all the more.