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Article Excerpt
If one state recognizes civil unions and another doesn't, whose laws win in a custody battle? That's one of the questions raised by a knotty dispute between same-sex parents that began in Vermont and crossed into Virginia when one of the partners moved there and tried to have a custody and visitation order vacated, on the grounds that Virginia does not recognize civil unions.
For now, Virginia courts are recognizing the Vermont order. A ruling by the Virginia Court of Appeals found that the Vermont custody arrangement must be registered--that is, officially recognized--in Virginia. (Miller-Jenkins v. Miller-Jenkins, 2007 WL 1119817 (Va. App. Apr. 17, 2007).)
And the U.S. Supreme Court has declined to hear an appeal of a decision by the Vermont Supreme Court that upheld the custody and visitation order. (Miller-Jenkins v. Miller-Jenkins, 912 A.2d 951 (Vt. 2006), cert. denied, 2007 WL 444487 (U.S. Apr. 30, 2007) (No. 07-1110).)
The decisions are the...
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