Virginia Supreme Court: Vermont ruling stands in lesbian custody case
The AP reports: “The Virginia Supreme Court says that a Vermont court’s ruling should stand in a child visitation dispute between two former lesbian partners.” The Vermont court ruled that the non-biological former lesbian partner has custody rights in opposition to the wishes of the natural mother.
The Virginia Supreme Court’s website offers this summary:
Miller-Jenkins v. Miller-Jenkins, No. 070933 06/06/2008
In a child custody dispute arising out of the dissolution of a same-sex civil union entered into under Vermont law, because the Court of Appeals’ holding in an earlier appeal is binding under the “law of the case” doctrine with respect to the parties and the issues in the instant case, the merits of the underlying issues presented in this appeal are not reached. For these reasons, the Court of Appeals’ judgment directing a Virginia circuit court to register a custody and visitation order rendered in Vermont upon consideration of the federal Parental Kidnapping Prevention Act, 28 U.S.C. § 1738A, and the requirements of full faith and credit, is affirmed.
Liberty Counsel has issued this press release: Virginia Supreme Court Sidesteps the Legal Conflict with Vermont Civil Unions.
Lambda Legal has issued this press release: Virginia Supreme Court Affirms Custody Case Ruling Favoring Lesbian Mother: Lambda Legal Declares Victory.
One Comment
Hopefully this is appealed further.
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[...] 08-178 Miller-Jenkins v. Miller-Jenkins - Virginia Supreme Court held that non-biological former lesbian partner has custody rights in opposition to the wishes of the natural mother. See Virginia Supreme Court: Vermont ruling stands in lesbian custody case. [...]