Deadline for Woman Missing in Custody Case

(AP)  A judge refereeing a child-custody dispute between former lesbian partners balked Friday at issuing a contempt citation for one of them and instead gave her 30 days to appear in court with the girl or face arrest.

Lisa Miller has disappeared with 7-year-old Isabella Miller-Jenkins, and Miller's former partner renewed her call for help finding the girl.

"Every day I wonder where she is, and if she's OK," said Janet Jenkins, of Fair Haven. "Every time the phone rings, I hope it is someone calling to tell me they have found her."

Miller, the girl's biological mother, was ordered to surrender custody of Isabella on Jan. 1, but she failed to do so. The girl is now considered a missing person.

On Friday, Family Court Judge William Cohen - who had ordered the custody change two months ago - rejected Jenkins' plea for a contempt-of-court citation against Miller but found her in violation of his previous order. He set a Feb. 23 court date, saying if Miller doesn't appear with the child then, he would issue a warrant for her arrest.

He did not rule out referring the matter for a criminal prosecution on custodial interference.

A lawyer for Miller participated in the hearing by telephone. She told Cohen she doesn't know where Miller and the girl are now, and that she hadn't had any communications with her. The Forest, Va., apartment that was her last known address has been abandoned, according to Sarah Star, Jenkins' attorney.

The hearing Friday was the latest legal salvo in a long-running custody battle for the couple, who were joined in a civil union in Vermont in 2000. The baby was conceived via artificial insemination and Miller gave birth in 2002.

In 2003, Miller and Jenkins broke up, and Miller moved to Virginia, renouncing homosexuality and becoming an evangelical Christian. She was granted custody of Isabella, but Jenkins got visitation rights.

Courts in Vermont and Virginia have since ruled in favor of Jenkins on the custody issue, most recently on Nov. 20, when Cohen - frustrated by Miller's refusal to obey court orders - ordered her to surrender custody to Jenkins, even though she isn't the birth mother.

"My goal has never been to separate Isabella from her other mother, Lisa," Jenkins said outside court Friday. "I just want what is best for our child, and that is to know both of her parents," said Jenkins, who encouraged anyone with knowledge of the girl's whereabouts to contact local law enforcement or the National Center for Missing and Exploited Children.

"Please help me find my child," she said.

During the hearing, Miller attorney Rena Lindevaldsen said she had no recent contact with Miller and asked to withdraw from the case, saying she couldn't represent her adequately without knowing what Miller wants.

Cohen rejected the request, saying that Lindevaldsen remains her attorney in a motion before the Vermont Supreme Court and that she couldn't withdraw as Miller's attorney in one Vermont court and stay on as it in another.

Jenkins said she last saw the girl a year ago, when they spent a three-day weekend together.

"It's so tragic, because when I would go to see my daughter, when we would be saying our goodbyes, I always tried to focus on the next time we were going to be together, knowing in the back of my mind that it might never happen," she said. "The last time I had her, she said 'Am I ever going to see you again?' So I don't know if something was already being planned. That's where my brain goes now, because of what's happening.

"What 7-year-old ever says that to her mother? 'Am I ever going to see you again?'" Jenkins said.
By Associated Press Writer John Curran

[StainedGlassRainbows]

I had the privilege of interviewing Lisa for a documentary called Stained Glass Rainbows on homosexuality and faith. Lisa and Isabella live a modest life and I sensed a desire to be away from the media turmoil that has found them in this high-profile legal case. It was interesting to hear Lisa talk about her life, what led to her becoming a lesbian, her seriousness about her faith in Christ, her "freedom" from homosexuality, and her struggle with the legal case that has overwhelmed her life.

If you're interested in learning more about the documentary... http://www.facebook.com/group.php?gid=252591418402&ref=mf

[toldyouso21]

ONE MAJOR LESSON FROM THIS COULD BE: Since it is obvious that homosexuals cannot create children--perhaps they should not be allowed to be parents. This would stem the flow of these kinds of problems.

Of course..then there are all those cases of latent homosexuals who marry the opposite sex, have kids then later, decide they are homosexual...so never mind.

[formrusmcsgt]

She has failed to obey the order for 22 days.

This judge thinks she deserves 52 days to respond to the order.

I think the judge deserves a swift kick in the ass.

[bon1bon2]

Biology is not the only determinant of parenthood in our society. If it were, every adopted child would not "really" have any parents. I believe that adopted children do have parents.

Jenkins is very much the child's parent. Miller seems to be a mentally unstable parent. The courts have ruled correctly on this one.

[toldyouso21]

Biology is usually the single most powerful determinant when it IS a factor and the mother usually takes precedent over the dad unless cause can be shown that the mother is not fit. In this case, there are essentially 2 mothers--one is the biological mother, and the other claims "dibs on the kid" by virtue of a sexual relationship with the mom--if she also adopted the child, then there is more justification for her pursuing a relationship--but if she only wants the child to get back at the actual mother or only wants the child to stay in the mother's life or for some other reason--this must be considered. Above all, the interest of the child should be paramount--the noncustodial, nonbiological parent should be made to prove what they bring to the table in positives that should be weighed in the best interests of the child.

By the same token, the other party should be able to provide what is to the detriment of the child's interest.

One thing is for certain--a 3 ring circus where the intimate details of both parents and the origin of the child's life (that she is just a product of a sperm donor) are certainly NOT the best credentials to grow up with or attend birthday parties/sleepovers/ elementary school or middle school with. What a mess.

[jankebenzone]

Sorry, but the law gives priority to biological parents, esp. when no adoption papers were filed,which jerkins never did. Being that jerkins is still thinking on the wrong side of her gender, it is evident she is the one with mental problems.

[Farver4girls]

Lisa Miller made a very bad mistake when she "married" Jenkins. Lisa Miller may be bisexual or a heterosexual who was only experimenting with homosexuality. I don't believe Lisa Miller ever really was a homosexual. Jenkins, on the other hand, appears to be totally committed to lesbianism. Lisa was wrong to "marry" a lesbian because she really wasn't a homosexual herself.

Lisa worsened the problem by having a child while she was "married" to a lesbian.

I believe that Lisa is trying to correct her past mistakes. She wants to live as a heterosexual woman. But I'm not sure if she will be able to correct her past mistakes because she foolishly "married" Jenkins.

If Jenkins truly loved Lisa's daughter, Jenkins would leave them alone.

Young women, be careful! In addition to having to contend with men that want to use and abuse you, you now have to worry about lesbians who want to exploit you to promote their own agenda.

[DawnBroderick40]

This person is NOT the biological mother, nor does this weirdo have a right to this woman's biological child. I hope that she keeps this child away forever and that this freak NEVER gets her hands on her. You GO Lisa! So many are pulling for you. I hope she has a network of people protecting her and keeping them safe and UNKNOWN.

[toldyouso21]

Please help me find my child," she said. "

It is not her child. She neither participated in creating or bearing that child and has no ties to the real mother at this point. After all this time and given the young age of the child, it is doubtful that the child has any connection to Jenkins whatsoever. It is a sad case, but at the same time, it was and remains a conundrum.

If Jenkins really wanted what was best for the child she would STOP thinking and acting on what was best for HERSELF. What is best for the child is to not be in the media spotlight and to be as normal a child as possible. In the best of all worlds, Homosexual partnerships may be as loving and giving and supportive as any other--but the fact is--that in the world of children and peers it is a nonconforming dynamic and kids with that as their background are sure to be castigated, singled out and whispered about by their peers.

We need to stop treating children like property and stop trying to apply the dispassionate ideals of law when trying to do what is best for them. ON the legal front, Jenkins did and does have a right to sue to gain access--but what exactly is the point of gaining access? Is it really for herself or the child?

If she wanted what was best for the child, she would leave her alone until the child is old enough to understand the circumstances and results of her mom's actions. At that time, the child could and might decide to seek Jenkins out for herself until then, she should just try to keep tabs on where the girl is and if she is okay but not push the relationship--it is an unnecessary complication and public one--to the child's life.

[jankebenzone]

"My goal has never been to separate Isabella from her other mother, Lisa," Jenkins said outside court Friday. "I just want what is best for our child, and that is to know both of her parents,"

"Please help me find my child," she said.
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Yeah right butch, you just want vengeance because miller dumped you and made you the fool. You have nothing to do with the child and have no legal ties to her even though judge says different. I'd love to challenge the judge on the legality of his verdict.

[poochie44]

I'm with the birth mother getting custody but since I don't know ALL the details there has to be more to the story.

[YoureSoWrong25]

The issue is whether or not Church supercedes State. It does in the theocracies of the Near East; in America, the Church has exempt tax status and it has influence, but it does not have final legal authority.

The Church/State compromise of the Constitution allowed our Founding Fathers to support our secular republic even though these men came from different religious denominations.

Miller and Jenkins were consenting adults when they entered into a Vermont civil union. It is no less an enforceable contract than any other. The Federal government has refused to review the matter. Case closed. Jenkins is permitted to see Isabella. Miller is free to seek comfort from the Church.