VA VA - Isabella Miller-Jenkins, 7, Bedford, Sept 2009

  • #61
Me too Believe. After all the links and stuff I read late last night, despite being pretty tired, I don't think Miller has a fat chance in hades to get Viriginia to rule against federal law. I just do not see the state or federal courts making any rulings in relation to the uniform parentage act any differently for a same sex marriage or union than they would the parentage act for heterosexual relationships. I see the courts looking at the childrens right to their parents equally.

JMO
 
  • #62
I shot off an email inquiring if Isabella will be listed with NCMEC to 3 of 4 contacts I found representing Ms. Jenkins. The 4th I could find no email, so left a phone message. Included in the email was also the link to Namus in the event they were not familiar with that national data base either.

Will update as I get a response, if I get one. Hopefully I will.

ETA: Forgot to mention, I also requested confirmation regarding the missing persons report in the email.
 
  • #63
I did receive a reply to my email - amazingly within about 4 hours - which surprised me as busy as they all must be, from one of the attorneys listed as representing Ms. Jenkins. :clap: for the prompt reply!

Isabella HAS been registered with NCMEC and does have a case manager assigned to her case. Who that is at NCMEC, she did not share with me. As we've seen on several recent cases here, NCMEC has been slow in entering information into there database due to loss of funding and working on a volunteer only basis. I anticipate seeing Isabella listed at NCMEC soon.
 
  • #64
Missing persons report issued in lesbian custody case

<snip>

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.



a litle more info here

http://www2.wsls.com/sls/news/local..._report_issued_in_lesbian_custody_case/73114/
 
  • #65
I feel for Ms. Miller. She's the biological mother of the girl. The only claim Ms Jenkins has is that they were "married" in Vermont. Virginia, like most states, don't recognize homosexual marriages. And unlike heterosexual couples, Ms. Jenkins has no biological claim. Ms. Miller is the mother, became a born-again Christian, and left the homosexual lifestyle. I'm sure she obviously doesn't want her daughter brought up around that lifestyle, and seeing how Ms Jenkins really has no claim to the girl, Ms Miller should've been allowed to have sole custody, imo.

Excuse me? Since when do you have to have a "biological claim" to a child? I wasn't aware. So I guess absolutely no step-parents or adoptive parents have any rights to their children either? If so, we'd better re-think a lot of the custody cases here on WS. Isabella is every bit as much of Ms. Jenkins child as she is Ms. Millers.
 
  • #66
Missing persons report issued in lesbian custody case

<snip>

The sheriff&#8217;s office says neighbors haven&#8217;t seen the mother and daughter since September.

A missing persons reports was issued Thursday. Deputies don&#8217;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.



a litle more info here

http://www2.wsls.com/sls/news/local..._report_issued_in_lesbian_custody_case/73114/


Thank you for this update. Hmmmm.. She hasn't broken any law? well, it looks to me like the state of Virginia is breaking the law by not enforcing- as ordered by the court and ruled TWICE by the court of appeals, that Virginia MUST enforce Vermonts custody orders.

Since when does Virginia LE get to decide just what laws they will enforce and which they won't? :furious: Isn't the oath to enforce ALL laws? Not just the ones they agree with? :furious: :furious: :furious:
 
  • #67
Excuse me? Since when do you have to have a "biological claim" to a child? I wasn't aware. So I guess absolutely no step-parents or adoptive parents have any rights to their children either? If so, we'd better re-think a lot of the custody cases here on WS. Isabella is every bit as much of Ms. Jenkins child as she is Ms. Millers.


No kidding! While we may not agree with all laws, if so, the choices are not to ignore and not enforce them, the choice is to attempt to have the law changed. In the mean time, the law is the law and must be upheld.
In this case, the courts have ruled Ms. Jenkins has every right to her child. This is a clear case of custodial interference and parental kidnapping.

It really stinks to see LBP's have so little support and enforcement of the law when their children are kidnapped by the non custodial parent. and that almost nothing is done when a parent denies access and interfers with visitation or custody rights. that HAS TO CHANGE! It should not take ANY parent a 3 year fight in court to excersize their visitation rights, nor should a custody order granting custody to one parent be ignored. If that is the case, custody orders and visitation orders aren't worth the paper they are written on.

GRRRRRR!!!!!!
 
  • #68
I can't help but wonder what Ms. Jenkins attorneys will do now that LE within the state of Virginia have made it CLEAR they refuse to acknlowedge or enforce other states custody orders. I'm not an atty, so I really don't know those things, but I am very curious to know.

I just for the heck of it decided to run a search at NCMEC for all cases listed as missing children from the state of Virginia classified as family abduction. I found 10. I'll list them. Hmmmm.... so I guess this means the non custodial parents who abducted these children from Virginia COMMITTED NO CRIME? Because after all, Ms. Miller has done exactly the same thing within the state of Virginia as these 10 other parents, no?

I'd like to know why then LE is investigating these 10 cases and REFUSES to investigate the case of Ms. Jenkins child being parentally kidnapped.

Here are those 10 cases of children abducted by a family member from the state of Virginia.
http://www.missingkids.com/missingk...NCMC&seqNum=1&caseLang=en_US&searchLang=en_US

http://www.missingkids.com/missingk...USVA&seqNum=1&caseLang=en_US&searchLang=en_US

http://www.missingkids.com/missingk...USVA&seqNum=1&caseLang=en_US&searchLang=en_US

http://www.missingkids.com/missingk...USVA&seqNum=1&caseLang=en_US&searchLang=en_US

http://www.missingkids.com/missingk...NCMC&seqNum=1&caseLang=en_US&searchLang=en_US

http://www.missingkids.com/missingk...NCMC&seqNum=1&caseLang=en_US&searchLang=en_US

http://www.missingkids.com/missingk...NCMC&seqNum=1&caseLang=en_US&searchLang=en_US

http://www.missingkids.com/missingk...NCMC&seqNum=2&caseLang=en_US&searchLang=en_US

http://www.missingkids.com/missingk...NCMC&seqNum=1&caseLang=en_US&searchLang=en_US

http://www.missingkids.com/missingk...NCMC&seqNum=1&caseLang=en_US&searchLang=en_US

Maybe the state of Virginia should just make sure the above 10 children are safe, after all, according LE within the state, there is nothing wrong with a non custodial parent ABDUCTING their child....

After all, maybe we should do some public awareness announcements.

If you the NON custodial parent want to abduct your child
and have LE DO NOTHING MORE THAN MAKE SURE YOUR CHILD IS SAFE AND AVOID PROSECUTION -

FLEE TO VIRGINIA!!!!

THE SAFE HAVEN FOR NON CUSTODIAL PARENTAL ABDUCTORS!
 
  • #69
I believe that the 2 main issues here are these:

1) Legal Custody of the minor child: In Vermont, these to ladies' civil union is seen in the eyes of the law as equal to a traditional marriage. Isabella was a production, if you will, of this union. That gives BOTH women the legal right to seek custody. Why? Legally, in Vermont, they are her parents, plain and simple. One does not have to agree or disagree morally with that decision, but one must respect it legally- it is the law. Plus, because this union took place in Vermont, and they were living in Vermont, Vermont laws and courts apply. In turn, other states, in the tradition of reciprosity, should recognize the legal decisions of Vt- or at the very least a judge has to review them.

2) Rights to custody of Isabella: I think this is where most people have issues with this case. It seems to be where personal fellings and morals come into play. Does Ms. Jenkins have rights to Isabella, since she is not a blood relative, but simply Moma's ex-girlfriend.

Also, I think this is where most people have a hard time seperating morals/values from rights/truths. The truth is, Isabella grew up believing that Ms. Jenkins was also her mother. She has a bond with this child; while probably not quite close as the bond between Isabella and Ms. Miller, there is still a strong, deep reaching bond there. She was intrusted to help raise Isabella, teach her right from wrong, good from evil, love from hate, compassion from cruelty. There is love there, mother to child, because for all intents and purposes, she IS Isabella's mother too- maybe not biological, but just as is with step-parents, there is that parental-child relationship.

The thing that one has to do here is to take OUR personal views on the relationship between the parents, set that aside, and take a look at the relationships between each parent and Isabella. What is denying this already established bond between Isabella and Ms. Jenkins doing to her? What is this denial by Ms. Miller doing to her relationship with Isabella?

Please understand, I am in no way judging the kind of relationship that Ms. miller and Ms. Jenkins had (Personally I think everyone has the God given right to be as happy or as miserable with whomever they want to). What I am judging is the way that this split is being handled and how it is effecting Isabella. Unless there is some unknown reason to fear that Isabella is in immediate impending physical danger, then how can it be right to deny Isabella her 'other' mother? How can it right or just to deny a child love?

My favorite verse in the bible is 1 Corinthians 13: 4- 8, 13.... It begins with the first statement and ends with the second... To me, it kind of 'fits' this paticular situation....


4Love is patient, love is kind. It does not envy, it does not boast, it is not proud. 5It is not rude, it is not self-seeking, it is not easily angered, it keeps no record of wrongs. 6Love does not delight in evil but rejoices with the truth. 7It always protects, always trusts, always hopes, always perseveres. 8Love never fails.

13And now these three remain: faith, hope and love. But the greatest of these is love.


:twocents:
 
  • #70
I feel for Ms. Miller. She's the biological mother of the girl. The only claim Ms Jenkins has is that they were "married" in Vermont. Virginia, like most states, don't recognize homosexual marriages. And unlike heterosexual couples, Ms. Jenkins has no biological claim. Ms. Miller is the mother, became a born-again Christian, and left the homosexual lifestyle. I'm sure she obviously doesn't want her daughter brought up around that lifestyle, and seeing how Ms Jenkins really has no claim to the girl, Ms Miller should've been allowed to have sole custody, imo.


In most, if not all, of the US children born during a marriage are considered to be the legal children of both parties. For example, when my husband was married to his first wife, she gave birth to two children. Both children were legally my husband's and when they divorced he paid child support and had visitation for and with both kids. It was later learned, when one of the children was 12, that the child was not biologically my husband's. This mattered not in matters to do with support and visitation, (and even though this DEVASTATED my husband he never has said one word of this to the child. And yes, the evidence was absolute. )

So, since Miller entered willfully into a civil union, which is the same as marriage only called by a different name, with Jenkins, any child born during said CU is the child of Jenkins as well. Miller has worked very hard to alienate the child from her other legal parent and this is very wrong. I think it is great that a judge finally saw fit to award custody to Jenkins and I hope Miller is found soon and the child is returned to her other parent. I personally do not believe the various allegations made by Miller, I think she has found by claiming to be ex-gay and make the various hateful claims, she has found backers of her legal battle.
 
  • #71
Just found this - dated January 7

http://www.newsplex.com/home/headlines/80914877.html

"A Virginia court is ordering the birth mother of a 7-year-old Virginia girl to transfer custody of the child to the woman's former lesbian partner.

The Bedford Juvenile and Domestic Relations court ordered Lisa
Miller of Winchester to turn over daughter Isabella to Janet
Jenkins of Fair Haven, Vt.

Jenkins' attorney Sarah Star says the order filed Monday ensures
a Vermont court order issued last week is enforceable in Virginia.
Miller's whereabouts are unknown and her lawyer, Mathew Staver,
has not commented on the case."

more at link, and some interesting comments. This case has had my attention for a couple of years, since I read about it in the NY Times, I am surprised it has taken this long, and since apparently Miller hasn't been seen since September, I wonder where they might be. But, it does look like now VA LE have a VA court order to uphold.
 
  • #72
Not much additional news that we don't already know, but an interesting article none the less.

http://www.washingtonpost.com/wp-dy...01/07/AR2010010703751.html?hpid=news-col-blog
interesting tidbit from the above article.

Jenkins, who runs a licensed day care out of her Vermont home, said she was cautiously optimistic that on Jan. 1, Isabella would finally come live with her.

Clearly a person who runs a licensed day care center would not be defined as a danger to children.

Also from the above article:
I think it'll be a lot trickier to explain to a child why one mommy is in jail than why another mommy likes girls.
Lisa Miller, come out of hiding and face this like a mom.

I couldn't agree more. Lisa Miller is the only person causing this child any harm.

jmho
 
  • #73
OK-so now we have an enforcable court order from a VA court-BUT what constitutes return of service in VA? Let's say Miller fled the state in September and is living in GA for example....
 
  • #74
P.S.-Cubby can we change the title of the thread to reflect the name of the missing person here...ie Little Miss Isabella??

TIA...
 
  • #75
Isabella's name is in the thread title but I will send a note to the mods requesting a title change.

thanks love!
 
  • #76
OK-so now we have an enforcable court order from a VA court-BUT what constitutes return of service in VA? Let's say Miller fled the state in September and is living in GA for example....

Isn't a federal arrest warrant what is necessary? At least that is my understanding based on reading the details listed at the 10 missing childrens cases from VA I listed above.
 
  • #77
I want to know what the time frame is from the order being issued to it being determined that she has had sufficient chance to be served either in person or in some other manner. This is still a civil case correct? It won't be criminal until an arrest warrant is issued for Miller....or am I crazy?
 
  • #78
Isabella's name is in the thread title but I will send a note to the mods requesting a title change.

thanks love!

I haven't had enough coffee today....:blushing: xoxoxox
 
  • #79
No worries, I think it appropriate to remove the info in the thread title regarding the parents sexual orientation.

I'll share some coffee with ya. ;)
 
  • #80
I want to know what the time frame is from the order being issued to it being determined that she has had sufficient chance to be served either in person or in some other manner. This is still a civil case correct? It won't be criminal until an arrest warrant is issued for Miller....or am I crazy?


I think so but am unsure. I can't think of a reason a federal arrest warrant would not be issued given the information we know on prior contempt rulings. No clue on the time frame you mentioned to get from point a to b as given in your above example.
 

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