Lisa Miller-Jenkins v. Janet Miller-Jenkins (Vermont 2010)

Summary

The Vermont Supreme Court affirmed the family court’s order transferring sole physical and legal custody of the child to Janet Miller-Jenkins, finding the factual findings and application of the statutory custody‑change test were not erroneous and that Lisa Miller‑Jenkins’ constitutional claims were unpreserved. The Court also directed a hearing at the time of transfer to reassess the parent‑child relationship and set a visitation schedule for Lisa.

Holding

Whether the family court’s factual findings and conclusions of law regarding the custody transfer are erroneous. The findings are not erroneous; the appellate court affirms the family court’s determinations

Whether the family court properly applied the statutory two‑pronged test requiring a real, substantial, unanticipated change of circumstances. The family court correctly applied the Pill two‑prong test and found a qualifying change of circumstances

Whether Lisa Miller‑Jenkins’ constitutional claims concerning fundamental parental rights and due process were preserved for appellate review. The constitutional claims were not preserved and therefore are waived; the court does not reach them

Whether the family court erred in applying 15 V.S.A. § 665(b) factors in awarding custody to Janet. The application of the statutory factors was proper and supported by the evidence