WASHINGTON ( CNN ) -- A woman who helped raise a child with her female partner in Vermont before the pair split can visit the girl in Virginia even though that state does n't recognize same-sex unions , a court ruled Friday . Janet Jenkins with Isabella , the daughter she helped raise with former partner Lisa Miller . Virginia 's Supreme Court ruled that Janet Jenkins and Lisa Miller 's civil union in 2000 gave Vermont , and its law on same-sex unions , jurisdiction over their subsequent custody and visitation disputes . Miller moved to Virginia with the child in 2003 , and a Vermont court granted Jenkins visitation rights . But Miller took the case to a Virginia court , which ruled that Jenkins had no such rights there . The case was considered by legal experts to be the first conflict between two state courts over a major legal question arising from same-sex unions . Jenkins ' attorney , Joseph Price of the Washington law firm Arent Fox , said Friday 's ruling `` just affirms the old principle that when these kinds of custody and visitation disputes begin in one state , that 's where they should remain . '' `` You ca n't shop them around to another state , '' Price said . `` Virginia really had no choice but to enforce judgments and judicial orders from Vermont . '' Vermont is one of the few states that allow same-sex partners to enter into a civil union . Two years after Vermont recognized Miller and Jenkins ' relationship , Miller gave birth to a daughter , Isabella , conceived through artificial insemination . The relationship deteriorated , and Miller and the baby moved to Virginia . A Vermont court later granted Miller a dissolution of the civil union and granted custody of the child to her and visitation rights to Jenkins . Miller then asked the courts in Virginia -- which does not recognize same-sex unions or marriages -- to take jurisdiction of the dispute . A Virginia state judge eventually ruled that Jenkins had no `` parentage or visitation rights . '' The Virginia high court ruling Friday returned the case to Vermont 's control , meaning Jenkins can visit the girl , who is now 6 . Miller 's attorney , Mathew Staver , said he was `` disappointed the state sidestepped the larger legal questions . '' `` This case shows that one state is not an island in the same-sex marriage dispute , and underscores having state laws that protect traditional one-man , one-woman marriages , '' said Staver , chairman of Liberty Counsel , a law firm that fights on behalf of what it calls `` traditional families . '' Miller said in 2005 that she was doing what was best for her daughter and was no longer a lesbian . `` I am Isabella 's mom . I did conceive her ; I birthed her , '' she said . `` I 'm raising her . And in my opinion , Isabella needs to stay with me 100 percent of the time , because I am the only person that she identifies as a mom . '' Miller lives with Isabella in Winchester , Virginia . Jenkins did not offer an immediate reaction to the ruling but said in 2005 that she was only fighting for her rights as a parent . `` Justice will be served for Isabella , '' she said . `` I believe that . And I 'll do whatever it takes . I 'll be with her for as long as I can , or I 'll be without her for as long as I have to , but I 'm her mom . `` She 's born here [ in Vermont ] . She 's always here . '' Price said Jenkins , who lives in Fair Haven , Vermont , was supposed to visit Isabella last weekend , but Miller did n't appear with the girl . Friday 's ruling comes a week after the California Supreme Court 's refusal to delay its recent decision legalizing same-sex marriage in the state . Massachusetts also allows same-sex marriages ; Vermont and three other states permit civil unions , and 12 other states give gay and lesbian couples some legal rights . Virginia amended its constitution in 2007 to decree that marriage is defined as a union between one man and one woman .
Virginia ruling gives Vermont court jurisdiction over case . Janet Jenkins and Lisa Miller were in civil union in Vermont but later split . Comment: Miller got Virginia court to block visitation ; Friday 's ruling overturns that .