Wednesday, March 31, 1999
Decision on Justin appeal could be made today
BY SUSAN VELA
The Cincinnati Enquirer
Justin
|
The Kentucky Court of Appeals could decide today on one of the latest appeals filed by Rich and Cheryl Asente, the Girard, Ohio, couple fighting to adopt a 2-year-old boy, Justin, whose Covington parents want him back.
A three-judge panel began considering the appeal Tuesday, but it wasn't expected to decide the appeal until later today.
The appeal was over Kenton Circuit Judge Patricia Summe's February ruling that invalidated consent-to-adopt forms that Justin's biological parents, Regina Moore and Jerry Dorning signed, and her order that Justin be returned to the two.
The Asentes filed another appeal last week. That appeal was about the visitation plan that Judge Summe has put in place so that Justin can become more familiar with his biological parents before he makes a final move. The appeal also mentions the judge's February ruling and Kenton Circuit Judge Steve Jaeger's Oct. 22 order that overruled the Asentes' motion to have a civil lawsuit dismissed.
Ms. Moore and Mr. Dorning filed a lawsuit against the Asentes in August, demanding that Justin be returned to their custody. They had been considering putting the child up for adoption when they let him go live with the Asentes in February 1998. Justin was 11 months old at the time.
The couple had signed consent-to-adopt forms, which were supposed to be irrevocable after 20 days. But Ms. Moore and Mr. Dorning have said they were told they would have until a special March 26, 1998, hearing to change their minds.
They made it known that day that they wanted Justin back, but the Asentes refused.
The Kentucky Court of Appeals already has denied at least two of the Asentes' appeals, including one that contended Kenton Circuit Court should not have jurisdiction in the case.
Justin will remain with the Asentes until the appeals process is over.
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