Tuesday, November 02, 1999
Kentucky gets jurisdiction in adoption case
Ohio couple likely to appeal court's ruling
BY SUSAN VELA
The Cincinnati Enquirer
A decision by an Ohio court has given hope to a Covington couple fighting for the return of their 2-year-old son, Justin.
In a 30-page opinion released Monday, the 11th District Ohio Court of Appeals ruled Ohio does not have jurisdiction to hear Justin's case and must abide by Kentucky rulings.
In Kentucky, Kenton Cir cuit Judge Patricia Summe's has already ordered that Justin be returned to his biological parents, Regina Moore and Jerry Dorning, because they did not make an informed decision when they let him go live with Rich and Cheryl Asente of Girard, Ohio, in February 1998.
The child remains with the Asentes, who are trying to adopt him.
“They did a well-written decision,” said Stephanie Dietz, who has been representing Mr. Dorning. “It makes me hopeful. Ohio was kind of enemy territory.”
Monday's decision was protested by an advocacy group monitoring the case.
“This ruling would tear Justin from his bonded family, including his 3-year-old sibling, Joey, and return him to biological parents he does not know,” said Debbie Grabarkiewicz of Hear My Voice, an Ann Arbor, Mich., advocacy group.
Monday's opinion reversed a decision by Ohio Probate Court Judge R.R. Denny Clunk, who kept the Asentes' adoption petition alive earlier this year by saying Ohio had jurisdiction of Justin's case.
Susan Eisenman, the Columbus-based attorney representing the Asentes, said an appeal likely will be filed with the Ohio Supreme Court. They have 45 days to decide.
While the Asentes' attorneys have emphasized the issue of Justin's best interest, Glenda Harrison, the attorney representing Ms. Moore, said no court can decide on that matter if it doesn't have jurisdiction.
“No court has the power absent jurisdiction to decide anything about a child,” said Ms. Harrison of the Northern Kentucky Legal Aid Society.
In its written opinion, the appellate court said jurisdiction was the only real issue before it. The appeal under its review was filed by the biological parents.
“The current litigation at this appellate level is not about good parents or bad parents,” the document said. “Further, this court is also not determining custody. Rather, this court has a very solemn role to play, and that is to determine which court, either a Kentucky or Ohio court, has jurisdiction over this matter.”
“As this case demonstrates,” the written opinion said, “the best interest of a child is never served when adults turn to seemingly endless litigation to resolve their disputes. In this case, the parties have staked out a position and have waited for the courts ... where it is hoped that the Wisdom of Solomon will come down on the "winning side.'”
“In the interim, the life of a child and two families are left in turmoil and uncertainty to no one's benefit.”
A Kenton Circuit Court hearing is set for Dec. 8. Attorneys for the biological parents want Judge Summe to implement a visitation order.
They have visited with Justin only once since June 14. Earlier this year, Judge Summe mandated visitations after she ordered Justin be returned to Ms. Moore and Mr. Dorning.
Judge Clunk's ruling halted the visitation schedule.
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