Va man appeals appearance in same-sex custody case - WCAX.COM Local Vermont News, Weather and Sports-

Va man appeals appearance in same-sex custody case

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MONTPELIER, Vt. (AP) - Attorneys for a Virginia pastor are asking a federal appeals court to quash a subpoena requiring him to testify as part of an investigation into the flight from the United States of a woman who didn't want to share custody of her now 10-year-old daughter with her former Vermont civil union partner.

On Monday, the attorney for Kenneth Miller of Stuarts Draft, Va., said he did not plan to appeal a subpoena requiring Miller to testify.

Attorney Joshua Autry said the decision was made Tuesday to ask the 2nd U.S. Circuit Court of Appeals to overturn a decision requiring Miller's testimony.

Miller was convicted in August of helping Lisa Miller and her daughter flee to Nicaragua rather than share custody with a Fair Haven woman. The Millers are not related.

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