Wednesday, July 21, 1999
Justin jurisdiction debate set
BY SUSAN VELA
The Cincinnati Enquirer
Justin
|
Attorneys on both sides of the custody battle involving a 2-year-old boy named Justin will get a chance to debate which state has jurisdiction in his case — Kentucky or Ohio — before adoption proceedings go any further in Ohio.
The Ohio Court of Appeals has called a halt to adoption proceedings in Trumbull County Probate Court and said attorneys will be able to argue jurisdictional issues at an Aug. 24 hearing before a three-judge appellate panel.
Both sides agree that jurisdiction is a matter that needs to be settled. Judges in both states have been making decisions affecting the boy, who lived a year with his biological parents, Regina Moore and Jerry Dorning, before moving in with Rich and Cheryl Asente of Girard, Ohio, in February 1998.
Both sets of parents have been fighting a legal battle to raise the child since soon after the placement occurred.
“It's a smart decision ... (by) the Court of Appeals,” said attorney Stephanie Dietz, who represents Mr. Dorning.
“We can't decide who has custody without deciding first which court has jurisdiction. What Kentucky ruled is what the law is.”
Susan Eisenman of Columbus represents the Asentes in Ohio proceedings. She agreed that settling the jurisdictional debate is necessary.
“It will be very positive to have it resolved,” she said. “It has been our contention from the beginning that Kentucky does not have jurisdiction. Now we're going to be moving ahead.”
Ms. Moore and Mr. Dorning had signed consent forms before they let Justin go live with the Asentes, who already had adopted Justin's full biological brother, Joey, now 3. But they have said they did so with the understanding that they would have until a special hearing to change their minds about terminating their parental rights to the child.
They made it known on the day of the March 1998 hearing that they wanted Justin back. The Asentes have refused to grant the request.
Ms. Moore and Mr. Dorning filed a civil lawsuit last summer in Kenton Circuit Court to regain custody, and Kenton Circuit Judge Patricia Summe ruled in February that the biological parents did not make an informed decision when they let Justin go to live with the Asentes. She also invalidated the consents and said Justin should return to Ms. Moore and Mr. Dorning.
The Asentes have an appeal pending in the Kentucky Supreme Court, and Justin remains with the Ohio couple, who have been trying to adopt the child in Trumbull County Probate Court.
Earlier this year, Ohio Probate Judge R.R. Denny Clunk, who is overseeing the adoption proceedings, kept their adoption petition alive when he ruled that Ohio has jurisdiction over Justin and that he would not give “full faith and credit” to proceedings in Kenton Circuit Court. He also suspended all visits until all parties have been through a psychological evaluation.
The Kentucky Court of Appeals has ruled that Kenton Circuit Court has jurisdiction in the case.
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