Miller-Jenkins v. Miller-Jenkins
Court of Appeals of Virginia
637 S.E.2d 330 (2006)
After Lisa and Janet Miller-Jenkins (plaintiff and defendant) separated following their Vermont civil union and the birth of their child IMJ, Lisa filed for custody in Vermont, which issued a temporary custody and visitation order and later reaffirmed its jurisdiction. Once Virginia's Marriage Affirmation Act took effect, Lisa filed a competing parentage petition in Virginia, which found it had jurisdiction and ultimately ruled Lisa was IMJ's sole parent with no rights for Janet; Janet appealed the Virginia order.
Whether, where a child custody matter is commenced in a state court that exercises jurisdiction pursuant to the Parental Kidnapping Prevention Act and remains pending, a court in a different state may issue a conflicting order.