## Facts

- Janet Miller-Jenkins and Lisa Miller-Jenkins entered a Vermont civil union in 2000.
- Lisa conceived by artificial insemination in Virginia and gave birth to IMJ in 2002.
- The parties moved with IMJ to Vermont in 2002 and lived there until separation in 2003.
- After separation, Lisa moved with IMJ to Virginia; Janet remained in Vermont.
- Lisa filed a civil-union dissolution action in Vermont in 2003 seeking custody and contact provisions involving IMJ.
- In June 2004, the Vermont family court entered a temporary custody order granting Lisa custody and Janet visitation.
- In July 2004, Lisa filed in a Virginia circuit court seeking a declaration that she was IMJ’s sole legal parent and that Janet had no parental or visitation rights.
- In October 2004, the Virginia court entered a final parentage order declaring Lisa the sole parent and extinguishing any parentage or visitation claims by Janet.
- Janet appealed, arguing that the federal Parental Kidnapping Prevention Act (PKPA) and related doctrines required Virginia to defer to Vermont and enforce the Vermont custody order.

## Issues

1. Whether the PKPA barred Virginia from exercising jurisdiction over Lisa’s parentage/custody petition while Vermont had a first-filed and ongoing custody proceeding.
2. Whether Virginia’s UCCJEA allowed Virginia to exercise jurisdiction notwithstanding the prior Vermont custody determination.
3. Whether Virginia was required to give full faith and credit to Vermont’s temporary custody and visitation order.

## Decision

- The court held the PKPA barred the Virginia trial court from exercising jurisdiction because Vermont validly exercised jurisdiction first and continued to exercise it.
- The court ruled Virginia was required to recognize and enforce Vermont’s custody and visitation orders entered consistently with the PKPA.
- The Virginia circuit court’s orders, including the final order of parentage, were vacated.
- The case was remanded with instructions for the Virginia court to give full faith and credit to the Vermont custody and visitation orders.

## Legal Principles

- The PKPA allocates exclusive, continuing jurisdiction to the state that first makes a qualifying custody determination and prevents a second state from issuing conflicting custody rulings while the first state retains jurisdiction.
- A custody determination entered consistently with the PKPA must be enforced by other states under full faith and credit principles reflected in the statute.
- Federal PKPA requirements control over conflicting state statutes or constitutional provisions affecting custody jurisdiction and enforcement.
- State jurisdictional statutes such as the UCCJEA cannot authorize a custody proceeding or order that the PKPA prohibits.

## Conclusion

Virginia lacked authority to issue a parentage/custody order contradicting Vermont’s first-filed custody case and temporary visitation order; the PKPA required Virginia to defer to Vermont’s continuing jurisdiction and enforce the Vermont custody and visitation orders.


Miller-Jenkins v. Miller-Jenkins, 637 S.E.2d 330 (Va. Ct. App. 2006)