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Wednesday, February 13, 2002

After years, Justin adoption case could be near conclusion




By Susan Vela
The Cincinnati Enquirer

        GIRARD, Ohio — His life has been a high-profile court case.

        More than 20 lawyers in two states have fought over his future. Psychologists who don't know him debate his best interest. And four adults are battling to raise this boy called Justin Asente in Ohio and Justin Moore in Kentucky.

        Besides visits with his biological mom and dad, 4-year-old Justin knows nothing about their struggle with the Asentes, who are raising him and want to adopt him.

        Kentucky Supreme Court justices will hear both sides of the grueling custody battle Friday. Their decision, expected in several weeks to a year, probably will determine Justin's future. For nearly four years, Justin's been little brother to a 6-year-old named Joey. The two red-haired boys are known for their “one for all, all for one” Musketeer attitude toward one another in this quiet little Ohio city, population 10,902.

        Justin is learning Spanish, swimming “like a fish,” and attending St. Rose's Sunday School. He turns 5 in two weeks.

        “Our predominant question has always been ... what is best for the boys? That has been the deciding factor in everything that we've done. Continue to pray that this nightmare be resolved for Justin,” said Rich Asente, speaking a week before the court hearing at a St. Rose Catholic Church prayer vigil. His wife, Cheryl, sat nearby.

        The Asentes, who say they struggle to provide Justin a normal life, were surrounded by more than 50 supporters. They later held long, lit candles, emblems of the hope that Justin never be returned to his biological parents, Regina Moore and Jerry Dorning of Boone County.

        The biological parents signed consent-to-adopt forms before letting the 11-month-old Justin go to live with the Asentes. A month later, they let it be known that they wanted the child back. The Asentes refused court orders to return him.

        “There have been many times in this ordeal to think there is no reason our family can still be together,” said Mrs. Asente at the vigil. “We have learned to ... treasure the ones that you love because they might not always be there. I must stay focused. I must have faith.”

End could be near

        The Asentes considered it a loss when the Ohio Supreme Court unanimously agreed that Kentucky has jurisdiction over Justin's case. But they won in September 2000, when Kentucky's appellate court said Ms. Moore and Mr. Dorning, who are not married and faced financial struggles, indeed understood the significance of signing and that Justin should remain with the Asentes. The college-educated couple already had adopted Joey, Justin's full biological brother.

        The biological parents probably would have to give up if Kentucky's highest court does not rule in their favor.

        “I just don't think there would be anything that we can do after this,” said Stephanie Dietz, who represents Mr. Dorning. “We'd have to have a federal question and there isn't one. We're all anxious for a resolution. All the parties deserve that. Justin deserves that. He deserves to have some permanency.”

        Ms. Moore and Mr. Dorning refused comment for this story.

        “They're dealing with sadness and all the big range of emotions that parents might feel in this situation,” said Glenda Harrison, the Northern Kentucky Legal Aid Society lawyer arguing their case on Friday. “We are all very conscious of this child and what does this mean for him. (But) we're going to reiterate our position that there was no voluntary and informed consent.”

        Lawyers and child psychologists have warned that the duration of the case could emotionally and psychologically harm Justin.

Justin's roots in Girard

        In Girard, Justin is known for living large. He has grown out of Teletubbies and now loves everything related to Spiderman. He knows how to count to 10 in Spanish, said family friend and Howland, Ohio, resident Janet Duricy.

        While Joey likes to orchestrate play time, Justin likes to be at the heart of the action. Mrs. Duricy has seen the boy swing for 45 minutes and race at breakneck speed on his tricycle.

        The Asentes and Duricys have a running joke that Justin will one day marry Anna, 4, the Duricys' daughter. Joey already has taken on the somber tones of a minister to perform a mock marriage ceremony between the two.

        “Joey's the producer. Justin is the actor,” Mrs. Duricy said. “Justin is just in there living life, running around. Everything he does is all-out. It almost makes it more tragic.”

        Most of Girard has been keeping an eye on the Asentes' custody battle. Some have donated money so that the Asentes can pay their legal bills, which now approach a half-million dollars.

        The supporters are drawn to Justin and Joey and the possibility that they could be separated.

        Sherry Lakos-Johnson has a salon in downtown Girard and often cuts the boys' hair. Joey, she said, isn't the same when his brother is visiting Ms. Moore and Mr. Dorning in Northern Kentucky. The court-ordered visits happen every three weeks.

        The Asentes “keep him occupied, but he's so lonely. He's definitely sad,” she said. “It's a shame what happened. I could not imagine what they are going through.”

        Monsignor Martin Susko sees the Asente family every Sunday at 10:30 a.m. Mass.

        “They're a beautiful family,” he said. “Certainly, (the Asentes) are very protective of the two boys. They feel that they should be together.

        “They worry about what will happen to Joey if he loses his brother, Justin. That's all he knows. I would honestly say it would be like a death in the family. It would be very traumatic for him.”

Troubling for Justin

        The attorneys involved in this custody battle have submitted tomes of paperwork arguing their case and giving evidence of Justin's turmoil.

        Psychologist Albert Pondillo of the Oakwood Counseling Center Inc. in Warren, Ohio, wrote to the Asentes' attorneys last year about his observations of Justin, Ms. Moore and Mr. Dorning.

        According to the psychologist, Justin is affectionate toward his biological mother. While there have been times when he refused to hug or “high five” her, there have been other occasions when he accepted her hugs and kisses and said, “I miss you, too.”

        For a January 2001 visit, Mr. Pondillo observed that Justin suggested that Mrs. Asente marry Mr. Dorning and Mr. Asente marry Ms. Moore.

        “It is possible that he views this plan as a method to have one adoptive parent present regardless of his placement,” Mr. Pondillo wrote.

The right thing

        After the prayer vigil, the Asentes seem tired. But they go downstairs to attend a reception held in their honor. Mr. Asente has a “tickle” in his throat and heads toward the punch bowl before looping back to his wife.

        Since the court battle began, both have lost and gained weight because of stress. Mrs. Asente has found strength in her religion. Mr. Asente is less cheerful.

        They know anything can happen Friday. They talk about their determined fight to provide the boys a normal life and to keep them together.

        “We've done everything in our power to protect them from the case,” Mrs. Asente said. “You have to do what's right for them.”

        Mr. Asente chips in.

        “Excluding the visits, they might not have ever known,” he said. “You can just see how much they love each other. Anybody who spends any amount of time with them can see it. What we're doing is right for both Joey and Justin.”

Timeline of Justin case
       



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- After years, Justin adoption case could be near conclusion
Timeline of Justin case
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