A mother and her 7-year-old daughter who is supposed to be handed over to the woman's former lesbian partner on New Year's Day have not been seen or heard from in more than a month, according to the judge in the case.
Lisa Miller, who now lives in Winchester, Va., was ordered by a family court judge in Vermont to hand over Isabella on Jan. 1 to Janet Jenkins, Miller's former partner.
But now, just two days before the handover is supposed to occur, nobody knows where Miller or her daughter is.
"She does not know where her daughter is and she is trying to find her," Sarah Star, an attorney representing Jenkins, told ABCNews.com
Star says Jenkins last saw her daughter in January 2009 and spoke with her in March 2009. In his custody ruling, Vermont Family Court Judge William Cohen said nobody has "seen or heard from" Miller and Isabella since Nov. 20.
The judge ordered custody to be switched from Miller to Jenkins after Miller repeatedly failed to allow visitation for her former partner.
An assistant to the lawyers representing Miller, Mathew Staver and Stephen Crampton, told ABCNews.com that the lawyers were "on vacation and unavailable for comment on the matter."
A Facebook page seemingly set up by Miller appears to show the last posting from the mother being on Dec. 4.
The custody of Isabella has been a point of contention since the couple -- who were married in a civil union in Vermont in 2000 -- split in 2003, after which Miller denounced homosexuality and became an evangelical Christian.
Miller, who became pregnant with Isabella in 2002 through artificial insemination, said in court documents filed by her attorney on Dec. 16 in an attempt to prevent Jenkins from being awarded full custody, that her daughter would undergo "trauma" because of the "different religious beliefs" she would be exposed to living with Jenkins.
"[Isabella] knows that Ms. Jenkins' choice to continue to live a homosexual lifestyle is a sin," says Miller in the court documents. "Ms. Jenkins does not share these beliefs."
Miller also argues that Jenkins has testified that she would not attend church and would not take Isabella to any church that "taught hatred and bigotry."
While Jenkins was not made available for an interview with ABCNews.com – her lawyer Star said that she was not speaking the press as to not cause "undue pressure" on her daughter – Star did respond to Miller's allegations.
Lisa Miller and her 7-year-old daughter Isabella have not been seen in more than a month after Miller was ordered to share custody with her "However, she would allow her to go to a church that even she was not welcome at," said Star.
Star said that Jenkins filed a missing person's report today in Vermont in hopes of getting police help to locate Isabella.
"No law has been broken yet, and we're not accusing Miller of anything, but the reality is that Janet is a parent and she doesn't know where her daughter is," said Star.
Asked whether Jenkins believes Isabella could be in danger, Star said, "I know that my client has some concerns about Isabella's safety and she has concerns about Lisa Miller's mental stability."
According to Cheryl Hanna, a professor of constitutional law at Vermont Law School who spoke with the Associated Press, if Miller does not hand over Isabella, the court will likely issue a warrant for her arrest.