Friday, December 17, 1999
Justin case in higher court
Pair say Ohio has authority
BY SUSAN VELA
The Cincinnati Enquirer
Rich and Cheryl Asente, the northeastern Ohio couple trying to adopt a 2-year-old boy born to Northern Kentucky parents, have filed court documents stating their reasons for appealing an 11th District Ohio Court of Appeals decision.
The documents filed Thursday with the Ohio Supreme Court stressed that Ohio should have jurisdiction over Justin Moore's custody case and that guidelines for two-state adoptions aren't being followed, said Susan Eisenman, the Columbus-based attorney representing the Asentes.
Justin, just two months shy of turning 3, has been living with the couple since February 1998. He has remained with them despite a ruling by Kenton Circuit Judge Patricia Summe in February that he should be returned to his biological parents, Regina Moore and Jerry Dorning of Covington.
Judge Summe said that they had not made an informed decision when they let Justin go live with the Asentes, who already had adopted Justin's full biological brother, Joey, who turns 4 on Saturday.
She also invalidated the consents Ms. Moore and Mr. Dorning signed, saying they signed with the understanding that they weren't binding. The judge issued a visitation order so Justin could become familiar with his biological parents before returning to them permanently.
Despite her ruling, the Asentes continue to try to adopt Justin in the Ohio courts. Last spring, an Ohio probate judge kept their adoption petition alive by ruling that Ohio should have jurisdiction in the case.
He already had said that the Asentes would be better parents for Justin.
But, in early November, the Ohio Court of Appeals said his ruling on jurisdiction was wrong and that Ohio must abide by Kentucky rulings.
The Asentes also have a pending appeal with the Kentucky Supreme Court.
Their attorneys have not said whether they will comply with Judge Summe's most recent visitation order, which was released this week. The first visit is to happen Tuesday.
The Asentes have asked the Ohio Supreme Court to also place a stay on Judge Summe's visitation order.
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