Judge extends lesbian custody suit
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Janet Jenkins, of Fair Haven, is sworn in as a witness in Rutland Family Court Friday. AP PHOTO |
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By BRENT CURTIS Rutland Herald Staff - Published: January 25, 2010
A Rutland Family court judge is giving a Virginia mother at the center of a same-sex custody battle 30 days to comply with his order before he imposes sanctions that could include a warrant for her arrest.
Judge William Cohen found Lisa Miller in contempt of court during a hearing on Friday to consider repercussions for Miller's failure to transfer custody of her 7-year-old to her former lesbian partner on Jan. 1.
But the judge stopped short of granting a request from Janet Jenkins, a Fair Haven woman involved in a now-defunct Vermont civil union with Miller, who asked the court to issue a warrant for her former partner's arrest.
"It appears Ms. Miller's actions were willful, intentional and calculated," Cohen said. "I will give (Miller) 30 days to appear in court with the child and I will give the attorneys in this case the opportunity to do this in a way that will have a minimal impact on the child."
Cohen said giving Miller an opportunity to come forward would be in the best interest of her daughter, Isabella Miller, and would give Miller an opportunity to confer with her lawyers, who told the court they haven't heard from their client in months.
But the judge also said if Miller did not appear by Feb. 23, when another hearing is scheduled, he would consider harsher actions.
"At that point, I will consider all possible sanctions under the law," he said. "But first, I will give Ms. Miller an opportunity to comply."
The hearing Friday was the latest in six-year legal fight between Miller and Jenkins. What started as a dispute over visitation rights escalated over the years with courts in Vermont recognizing Jenkins as an equal parent to Miller and courts in Virginia ruling that they must uphold the Vermont family court orders.
The longstanding dispute turned a new corner in November when Cohen ordered Miller, who is Isabella's biological mother, to transfer custody to Jenkins. The judge's decision came after a long line of missed visits between Isabella and Jenkins that Cohen blamed on Miller's interference.
But while the judge held Miller in court for blocking the visits, he said the custody transfer was based on the wellbeing of Isabella who Cohen said had the right to know both of her parents.
After the hearing, Jenkins lawyer said she was pleased with the decision because it found Miller in contempt and because the judge said his decision to give Miller more time to appear did not preclude law enforcement from looking for or seeking criminal charges against Miller.
Standing next to Jenkins outside the Rutland Courthouse, Middlebury Attorney Sarah Star suggested police and prosecutors seek a criminal charge of custodial interference — a felony that carries a potential five-year jail sentence.
"With the judge's findings I would be very surprised if the state's attorney here in Rutland did not exercise his discretion to bring charges in this case," Star said.
Reached Friday evening, Rutland County State's Attorney Marc Brierre declined to say whether he was considering charges in the case.
"I can't comment on cases that are potentially under investigation," he said. "No charges are filed in court at this time. We will review any investigation we receive."
Jenkins, who held up pictures of her blonde haired daughter outside the courthouse, said after the hearing she was only interested in finding Isabella.
"Everyday I wonder where she is and if she's okay," Jenkins said. "I only want what's best for my child."
Jenkins said information about Isabella and her picture are listed on the National Center for Missing and Exploited Children's Web site.
brent.curtis@rutlandherald.com
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