Friday, May 07, 1999
Justin's biological parents file appeal
BY SUSAN VELA
The Cincinnati Enquirer
COVINGTON — The biological parents of 2-year-old Justin Moore have filed four appeals against an Ohio probate court judge because of his refusal to give “full faith and credit” to a Northern Kentucky judge's decision that the child should be returned to them.
Justin has been living with Rich and Cheryl Asente of Girard, Ohio, since Feb. 17, 1998. For almost as long, his biological parents — Regina Moore and Jerry Dorning of Covington — have been fighting for his return.
Kenton Circuit Judge Patricia Summe ruled in February of this year that the Asentes should return Justin to Ms. Moore and Mr. Dorning because the biological parents did not make an informed decision when they let the placement occur.
But Visiting Judge R.R. Denny Clunk blocked that from happening in April. It's in his courtroom that the Asentes have been fighting to adopt Justin in Trumbull County. And in an April 8 opinion, the judge said that Ohio has jurisdiction of Justin and that he would not give “full faith and credit” to rulings in Kentucky.
In the appeals that Ms. Moore and Mr. Dorning filed Wednesday with the Ohio Court of Appeals, they cited six grounds for appealing
Judge Clunk's opinion, including his decisions that Ohio has jurisdiction over the child, that “best interest” takes precedence over the “validity of Ohio's ... adoption procedures” and that visits between Justin and his biological parents have been suspended without Judge Clunk having jurisdiction to do so.
The Ohio Court of Appeals could rule on the appeals in about a month, said attorney Stephanie Dietz, who is representing Mr. Dorning.
Although Judge Clunk's April 8 opinion prompted her to consider a federal appeal, she said she and other attorneys representing the biological parents had concluded that a federal court would not get involved.
Attorneys for the Asentes could not be reached.
The custody battle for Justin began within six weeks after the child went to live with the Asentes.
Ms. Moore and Mr. Dorning signed consent forms with the understanding that they would have until a special March 26, 1998, hearing to change their minds.
Although they made it known that day that they wanted Justin back, the Asentes would not grant their request and a fight for Justin ensued.
Ms. Moore and Mr. Dorning filed a civil lawsuit in August to get Justin back, and earlier this year Judge Summe invalidated the consents and ruled that the Covington couple had made an uninformed decision.
The Asentes have filed appeals to the Kentucky Court of Appeals and the Kentucky Supreme Court to protest Judge Summe's ruling.
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