VT Supreme Court Again Affirms Custody for Janet Jenkins
Contact: Carisa Cunningham (617) 426-1350 ccunningham@glad.org
The Vermont Supreme Court has issued a unanimous decision affirming a trial court’s 2009 order giving Janet Jenkins sole physical and legal custody of her daughter Isabella Miller-Jenkins. The Court’s decision can be viewed on the website of Gay & Lesbian Advocates & Defenders (GLAD) at http://bit.ly/8XGQG1.
The court wrote that Vermont “has determined that same-sex couples have the same rights and responsibilities as opposite-sex couples—thus, the sexual orientation of the parents is irrelevant in a custody determination. We affirm the family court’s finding that Lisa had no justification for denying visitation to Janet.”
The custody dispute stems from the 2003 dissolution of Janet and Lisa’s civil union, into which Isabella was born. Lisa, who was originally awarded physical custody, has consistently disrupted Janet’s relationship with the child, interfered in visitation, and repeatedly defied court orders, including the order to transfer custody of Isabella to Janet on January 1, 2010.
“While this is an important legal decision that affirms that there is no gay exception in Vermont family law, it also highlights the limits of family law in fixing the problems that all kids face when parents, regardless of their sexual orientation, do not act in their child’s best interest,” said Jennifer Levi, senior attorney with GLAD, who argued on behalf of Janet before the court. “My heart goes out to Isabella who is now 8 years old and whose life has been completely interrupted because of this dispute. While the legal issues are fully resolved, the conflict will not end for her as long as she is kept underground and not permitted to enjoy a relationship with Janet, her other mother who loves and misses her.”
Janet was represented before the Vermont family court by Sarah R. Star, Esq.
The whereabouts of Lisa and Isabella are currently unknown to law enforcement authorities. The Court wrote “…we concluded that a mother disappearing with a child, apparently to defeat a lawful court order, is destructive to the best interests of the child. The evidence before the family court supports the conclusion that Janet has been acting with IMJ’s best interests in mind throughout these proceedings…”
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Gay & Lesbian Advocates & Defenders is New England's leading legal organization dedicated to ending discrimination based on sexual orientation, HIV status, and gender identity and expression.