Miller-Jenkins v. Miller-Jenkins
12 A.3d 768
| Vt. | 2010Background
- Lisa and Janet Miller-Jenkins formed a Vermont civil union in 2000 and planned IMJ's birth via artificial insemination with Lisa as the bearing mother and Janet present at birth in 2002.
- The family moved from Virginia to Vermont, where the couple separated in 2002 and Janet remained in Vermont while Lisa moved back to Virginia with IMJ in 2003.
- Lisa filed a Vermont family court action in 2003 to dissolve the civil union; a 2004 temporary order gave Lisa sole legal and physical responsibility and granted Janet visitation with IMJ.
- From 2004 onward, Lisa repeatedly limited Janet's contact with IMJ, leading to multiple contempt findings against Lisa for willful noncompliance with visitation orders.
- In 2007, after trial, the court issued findings under 15 V.S.A. § 665(b) largely favoring Lisa for custody, but warned that continued interference could warrant modification; Janet retained visitation rights.
- By 2009, due to Lisa's decade-long noncompliance and interference with IMJ's relationship with Janet, the family court transferred sole physical and legal custody to Janet, with visitation rights for Lisa to be determined later.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Best interests supporting transfer of custody | Lisa contends transfer harms IMJ and violates her parental rights. | Janet argues stability and ongoing parental relationships support transfer. | Transfer affirmed; best interests favored Janet. |
| Application of § 665(b) factors | Lisa claims factors do not support custody change; Janet's hardship argued. | Janet shows Janet can foster relationship, provide guidance, and not block Lisa's access; Lisa's noncompliance weighs against her. | Court properly applied § 665(b); factors weighed in Janet's favor on key aspects. |
| Preservation of constitutional claims | Lisa preserved Troxel-related rights to challenge nonbiological custody transfer. | Constitutional claims were not properly preserved below and are waived. | Constitutional claims not preserved; no fundamental miscarriage of justice found. |
Key Cases Cited
- Miller-Jenkins v. Miller-Jenkins (Miller-Jenkins I), 180 Vt. 441 (2006 VT 78) (establishes parental rights framework and Janet as a legal parent)
- Renaud v. Renaud, 721 A.2d 463 (1998) (alienation context; caution against arbitrary retaliation in custody)
- Wells v. Wells, 549 A.2d 1039 (1988) (conduct undermining visitation bears on custodial fitness)
- Bell v. Squires, 176 Vt. 557 (2003 VT 109) (best interests and continuity of parental relationships)
- Troxel v. Granville, 530 U.S. 57 (2000) (federal due process considerations in visitation decisions)
- Cloutier v. Blowers, 783 A.2d 961 (2001) (standard for reviewing family court findings on best interests)
- Meyer v. Meyer, 789 A.2d 921 (2001) (supporting evidence of long-term parental involvement in custody decisions)