Thursday, December 09, 1999
Judge scolds adults in Justin case
Visits ordered in custody fight
BY JANE PRENDERGAST
The Cincinnati Enquirer
Justin at 2
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COVINGTON A frustrated judge Wednesday ordered both sides of the public adoption debate over 21/2-year-old Justin to stop bickering over visitation and make it happen.
Kenton Circuit Judge Patricia Summe repeatedly told the boy's biological and custodial parents that she was tired of their refusal to put her previous visitation order into action. She's working on another or der now that she said would be finished as soon as possible.
She did promise that Justin and his brother, Joey, would stay together on Joey's birthday Dec. 18 and on Christmas Eve and Christmas Day. The Girard, Ohio, couple who want to adopt Justin and have had custody of him for almost two years were concerned he would be shipped to Covington on those days. They previously adopted Joey.
If you all choose to make these children's lives miserable, you can, Judge Summe said to the parents and their lawyers. You all need to decide if you're fighting about this for yourselves or if you're really fighting for the child.
Justin, who turns 3 in February, is in the middle of a custody debate between his biological parents, Regina Moore and Jerry Dorning, an unmarried couple who live in Covington, and Richard and Cheryl Asente, who live in northeastern Ohio.
Judge Summe has already ordered that Justin be returned to his biological parents because they did not make an informed decision when they let him live with the Asentes.
The Asentes are appealing. They also have asked for reconsideration by the 11th District Ohio Court of Appeals, which ruled that Ohio does not have jurisdiction to hear Justin's case and must abide by Kentucky rulings. An Ohio judge earlier had ruled Ohio should have jurisdiction.
Justin has seen his biological parents at least once since Judge Summe's order in March, but not at all since July. The judge said the work schedules of Mr. Asente and Mr. Dorning could no longer be excuses for visitations not to occur. If one adult from each side of the issue can be available, she said, that's enough.
You all drop everything else, Judge Summe said. You need to take that time that you tell everyone is so important to this child and put it into developing what is in the best interest of this child.
Psychologist Ed Connor, hired as a consultant by Justin's guardian in the case, said he did not think the visitation schedule should be more gradual just because Justin has not seen his biological parents in months.
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