Miller-Jenkins v. Miller-Jenkins
Vermont Supreme Court
912 A.2d 951 (2006)
Lisa and Janet Miller-Jenkins (plaintiff and defendant) entered a Vermont civil union, later had a child, IMJ, through artificial insemination while living in Vermont, and separated after Lisa moved back to Virginia with IMJ. Lisa filed to dissolve the civil union and sought custody in Vermont; the Vermont court issued a temporary custody and visitation order, but after Lisa cut off Janet's contact with IMJ, Lisa filed a competing parentage petition in Virginia, which ultimately ruled Lisa was IMJ's sole parent with Janet having no rights. Vermont, meanwhile, ruled both women had parental rights and refused to give full faith and credit to the Virginia decision; Lisa appealed the Vermont rulings.
Whether a state court that issues a valid child custody and visitation order in proceedings that continue to be pending must give full faith and credit to another forum's subsequent, conflicting order.