Missing persons report issued in lesbian custody case

11:59 p.m.

By Carrie Sidener
Lynchburg News & Advance

The Bedford County Juvenile and Domestic Relations court has filed an order that a 7-year-old girl at the center of a custody battle involving a Forest woman be surrendered to the woman's former lesbian partner in Vermont.

Rebecca Glenberg, the American Civil Liberties Union of Virginia attorney for Janet Jenkins, confirmed the court filing. She said it ensures that a Vermont court order requiring Lisa Miller to surrender the couple's daughter, Isabella Miller-Jenkins, is enforceable in Virginia.

"We expect Virginia law enforcement to take whatever actions they can to locate the child and make sure the custody order is complied with," Glenberg said Wednesday.

Miller's whereabouts are unknown. Her lawyer, Mathew Staver of Lynchburg-based Liberty Counsel, has been unavailable for comment on the case.

Liberty Counsel has appealed the Vermont order, arguing that Virginia is not required to enforce it. That appeal is pending.

Maj. Ricky Gardner with the Bedford County Sheriff's Office said in an e-mail Wednesday afternoon that the department has been working with the Fairfax County Police Department and officials in Vermont on the matter, but he declined to comment further.

Miller was ordered to turn over her daughter Jan. 1 at the home of Jenkins' parents in Falls Church, but she did not.

Jenkins' lawyer filed an emergency motion for contempt Jan. 1 against Miller, seeking court sanctions and the assistance of law enforcement in locating her. Miller's last known address is in Forest.

Miller and Jenkins were granted a civil union in Vermont in 2000. Isabella was born to Miller through artificial insemination in 2002. The couple broke up in 2003, and Miller moved to Virginia, renounced homosexuality and became an evangelical Christian.

The Vermont Family Court judge presiding over the case first awarded child custody to Miller but granted liberal visitation rights to Jenkins.

He awarded custody to Jenkins on Nov. 20 after finding Miller in contempt of court for denying Jenkins access to Isabella. He said in December that it appeared Miller had stopped speaking to her attorneys and "disappeared" with the child.

The supreme courts of Virginia and Vermont ruled in favor of Jenkins, saying the case is no different than a custody dispute between a heterosexual couple. The case was appealed to the U.S. Supreme Court, which declined to hear it.

(The Associated Pressi contributed to this report)

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6:43 p.m.

The Bedford County Sheriff's Office is now looking for Lisa Miller and her 7-year-old daughter Isabella.

Miller, the birth mother, has been ordered by a court to hand the girl over to her former lesbian partner in Vermont.

Miller's last known address is a rental property in Forest. The sheriff's office says neighbors haven't seen the mother and daughter since September.

A missing persons reports was issued Thursday. Deputies don't have any criminal proceeding to address Miller with, as she has not broken any Virginia law. They just want to verify the two are safe.