FRANKFORT — By another 2-1 ruling on Friday, the Kentucky Court of Appeals sided with an Ohio couple trying to adopt a 3 1/4-year-old boy born to Northern Kentucky parents.

        The three-judge panel gave a one-sentence order denying the petition to re-hear Justin's case and possibly reverse its September ruling that the child remain with Rich and Cheryl Asente, the Girard, Ohio, couple trying to adopt Justin.

        Judges David C. Buckingham of Murray, Ky., and William L. Knopf of Louisville, said Justin's biological parents, Regina Moore and Jerry Dorning of Burlington, knew that they could lose custody of Justin when they signed consent-to-adopt forms before letting him go live with the Asentes in February 1998.

        Judge Wilfrid A. Schroder, of Covington, dissented, supporting Kenton Circuit Judge Patricia Summe's ruling that Ms. Moore and Mr. Dorning made a misinformed decision when they signed the consents.

        The 2-1 ruling didn't surprise attorneys for Ms. Moore and Mr. Dorning, who are planning to appeal to the Kentucky Supreme Court within the next month.

        “I expected that, and it wasn't much of a surprise,” said Stephanie Dietz, the Fort Wright lawyer representing Mr. Dorning.

        The Kentucky Supreme Court has the option of not reviewing the case once the appeal is filed. Justin remains with the Asentes.

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