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Arrest ordered in same-sex parent custody case

A Vermont judge has ordered the arrest of a woman who has refused to turn over her 7-year-old daughter to her former lesbian partner.
/ Source: The Associated Press

A Vermont judge ordered the arrest of a woman who has refused to turn over her 7-year-old daughter to her former lesbian partner.

Family Court Judge William Cohen found Lisa Miller of Forest, Va., in contempt of court during a hearing Tuesday and issued the arrest warrant.

Miller was ordered to surrender custody of her daughter on Jan. 1 but failed to do so and has since disappeared. Their daughter is now considered a missing person.

Miller and Jenkins were joined in a Vermont civil union 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.

When Vermont Family Court Judge William Cohen dissolved the couple's civil union, he awarded custody to Miller but granted liberal visitation rights to Jenkins.

The supreme courts of Virginia and Vermont ruled in favor of Jenkins, saying the case was the same as a custody dispute between a heterosexual couple. The case was appealed to the U.S. Supreme Court, which declined to hear arguments on it.

Cohen awarded custody to Jenkins on Nov. 20 after finding Miller in contempt of court for denying Jenkins access to the girl. The judge said the only way to ensure equal access to the child was to switch custody.

But Cohen also noted that it appeared Miller had stopped speaking to her attorneys and "disappeared" with the child.