Feminist Looking Glass

There has been a great legal victory for custody disputes involving same-sex parents.

Lisa Miller and Janet Jenkins were partners and the parents of Isabella Miller, who is now seven years old.  Miller was the biological parent.  Jenkins was recognized by a court as the second parent.  The two split in 2003 and, Miller “renounced homosexuality.”  Miller had custody of Isabella and, with a few exceptions, refused to allow Jenkins to visit her.  The two have been embroiled in legal disputes (in both Virginia and Vermont) about visitation rights.

A Vermont judge, William Cohen, had found Miller in contempt of court earlier this year for not allowing Jenkins to visit Isabella.  On Friday, Judge Cohen ruled that Jenkins would now have custody.  Cohen said that switching custody was the only way to ensure equal access to both parents.  As is usual in family law, Cohen said that he was acting in the best interest of the child:

“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.

Of course, Miller will appeal.  And, of course, only time will tell if switching custody will truly be in the best interests of this particular child.  But the important thing is that a court has recognized the rights of a non-biological same-sex parent.  It means that a court has treated the legal parents of civil unions no differently than parents in heterosexual custody cases.  Hopefully, this decision will have influence over future custody disputes in other jurisdictions.

 

 

Filed under: GLBT, Same-sex Marriage Tagged: | Gay rights, Same-sex Parents