A lawyer for Miller did not respond to a request for comment.
Mc Kenna, who is now attending Columbia University on the GI Bill, first lost custody of her son in September 2013 after a Family Court referee ruled that she shouldn’t have left her native California, where Miller lives, while pregnant even though the couple had only a short-lived romance.
Mc Kenna, who is attending Columbia University on the G. Bill, lost her initial bid for custody in New York after Rodriguez ruled the case should be heard in California.
Mc Kenna's lawyer said while Miller and Beck have been traveling the world with the tot, Mc Kenna has only been able spend 48 hours with him since Oct. Mc Kenna's fortunes changes two weeks ago, when an New York appeals court reversed Rodriguez's decision and said the custody case should be decided in New York, where he was born Feb. The judges refuted the referee's ruling that Mc Kenna's move to the city while she was pregnant was "reprehensible." Mc Kenna said last May that she moved to New York from the Golden State because she could not pass up the opportunity for a free education at an Ivy League school.
Mc Kenna, 28, told The Post last year that dating the skier was “the worst mistake of my life.” Miller’s lawyer, Barbara Schaffer had told the referee that “New York is an inconvenient forum,” for the millionaire ski racer, who at the time lived on a 100-foot yacht in San Diego.
Schaffer had accused Mc Kenna, also a former firefighter, of moving to New York because the Empire State “does not have a presumption as California does of joint custody.” The referee punted the case to California where a judge gave custody to Miller, who is now married to professional volleyball player Morgan Beck.
Sidelined by knee surgery and largely out of the spotlight for 18 months, Bode Miller was no less brash on the eve of his return to competition this fall.
But if ever there were a skier who demands attention regardless of how calamitous his previous performance, it is Miller, a preternaturally gifted athlete whose competitive DNA defies convention and common sense.A Manhattan appeals court reversed that decision a few months later.