In what the Vermont Rutland Herald is calling “a first-of-its kind parent custody change,” Judge William Cohen of the Rutland Family Court yesterday granted sole custody of 7-year-old Isabella Miller to her non-biological mother, Janet Jenkins. Jenkins has been fighting her former partner Lisa Miller for visitation for years now. Miller says she is no longer a lesbian and has enlisted the far-right Liberty Counsel to argue her case.

Now, the court has ruled in favor of full custody for Jenkins, even though she had earlier been willing to have only visitation rights, because of Miller’s continued refusal to allow Isabella even to visit Jenkins. Miller only brought her to see Jenkins twice in the last two years. The Rutland Herald reports:

“In the long term, the change in custody will be in (Isabella’s) best interests as she will have the opportunity for maximum continuing physical and emotional contact with both parents,” [Judge Cohen] said, adding that both parents were equal in terms of stability, financial resources, emotional availability and other considerations required for child rearing. Where they weren’t equal, he said, was in their willingness to work together. While Miller has repeatedly and consistently blocked Jenkins’ access to Isabella, the judge said Jenkins has agreed to allow Miller access and would allow Isabella to continue to attend church events with her other parent.

Although Miller’s lawyer says they will appeal, Carl Tobias, a professor of law at the University of Richmond, says he doesn’t believe courts in either Vermont or Virginia (where Miller had tried to get the courts to rule in her favor) will overturn yesterday’s decision, as courts tire of people litigating when they have no valid case.

Let us hope for Isabella’s sake that this spells the end of the matter. May she finally settle into a routine, living with the one parent who, with amazing compassion and understanding, will allow her to have access to both of the parents whom she loves.

Let us hope, too, that the many other capable and loving non-bio mothers will soon no longer have to argue for the rights to continue parenting the children they have helped raise. Although this case may set no formal precedent in other states, I think it is a good sign (as are other recent decisions) that sentiment is changing.