The Vermont Supreme Court ruled yesterday that Vermont courts, not Virginia ones, have sole jurisdiction in a custody battle between two women. The women were residents of Virginia, traveled to Vermont for a civil union, and returned to Virginia, where one gave birth to their child. They then returned to Vermont. A year later, they dissolved their union and the bio-mom returned to Virginia, where she sued for full custody.
The Vermont court wrote that the dispute revolved around the federal Parental Kidnapping Protection Act and the Uniform Child Custody Jurisdiction Act, a law that exists in some form in every state. Since state courts had determined the women’s relationship was legally valid and they were both legally the child’s parents, the Vermont law applied, and the non-bio mom was entitled to visitation. He rejected the argument that the federal Defense of Marriage Act superseded either of these laws.
The Virginia court of appeals has stayed its ruling pending the above decision by Vermont’s courts. A lawyer from Gay and Lesbian Advocates and Defenders says she thinks they will rule in accordance with the Vermont court. The lawyer representing the bio mom, however, thinks the U. S. Supreme Court will eventually have to decide the issue. He is the founding attorney of Liberty Counsel, an organization “dedicated to advancing religious freedom, the sanctity of human life and the traditional family.”
This is one to watch, since it has repercussions not only for inter-state recognition of same-sex relationships, but also for same-sex parentage rights, and one of the women is being backed by an organization with a clear anti-LGBT agenda.
Meanwhile, we’re preparing for a trip here at Mombian HQ, and making sure to pack copies of our son’s birth certificate, our court order granting us parentage rights, and our medical POAs. Not to mention assorted picture books, crayons, colored paper, and way too many sheets of stickers.
Have a wonderful vacation. I just returned from a week in Oregon. I will drop by to read posts while you are gone and looking forward to hearing about your trip.