In re Adoption of Asente

734 N.E.2d 1224, 90 Ohio St. 3d 91
Ohio Supreme Court·Decided August 23, 2000·No. No. 99-2158·Published·Cited by 40 cases

Opinion

The judgment of the court of appeals is affirmed for the reasons stated by the court of appeals in its opinion rendered on November 1,1999, which we adopt and attach as an appendix to this entry.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

APPENDIX

William M. O’Neill, Judge.

The following appeal concerns an interstate custody dispute. It represents a two-year, multi-state legal struggle concerning a little boy and the two families who love him. By definition, contested adoption proceedings are traumatic events. There are rarely winners in the traditional sense of the word, and there is enough emotional turmoil to fill a family therapist’s calendar for months on end.

The current litigation at this appellate level is not about good parents or bad parents. Further, this court is also not determining custody, an issue to be decided later by a court with competent jurisdiction. Rather, this court has a [92]*92very 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 best interest of a child is never served when adults turn to seemingly endless litigation to resolve their disputes. In this ease, the parties have staked out a position and have waited for the courts to schedule hearings 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. Litigation of these matters is already difficult when one court in one state is involved in the controversy. It becomes unwieldy when multiple states become embroiled in the dispute and cannot agree on the basic issue of jurisdiction.

There are many statutes, and proposed statutes, throughout this murky area of the law designed to avoid the very situation we find ourselves in today. One common thread runs through every statute, every court opinion, and every learned treatise on this matter. That common thread is built on the bedrock proposition that once a court of competent jurisdiction has begun the task of deciding the long-term fate of a child, all other courts are to refi’ain from exercising jurisdiction over that matter.

As a matter of law, one court, and one court only, may exercise jurisdiction over this child and this dispute. As is readily apparent, that basic concept of one court and one child has been violated in this matter. The present controversy began in Kentucky when one set of parents decided to set the process in motion to voluntarily place their child up for adoption with another party. When the natural parents changed their minds and sought to terminate the voluntary adoption, additional proceedings were initiated in an Ohio court to effectuate the voluntary adoption proceeding. What began as a dispute in one court in one state ended in two courts from two separate states issuing orders regarding this matter.1 Both courts claim to have jurisdiction over this dispute and both courts have issued diametrically opposing orders with respect to the child. For the reasons that follow, we determine that the Ohio court does not have jurisdiction over this matter.

The following facts are pertinent to this appeal. On February 28, 1997, the child who is the subject of this dispute, Justin, was born in Boone County, Kentucky. The child’s unmarried natural parents are appellants, Regina Moore and Jerry Doming.

[93]*93The Asentes, who reside in Trumbull County, Ohio, previously participated in an open adoption with Moore for their first child, Joseph.2 The Asentes agreed to participate in a second open adoption with Moore.

After Justin’s birth in February 1997, Moore apparently changed her mind and indicated that she would parent the child herself. Approximately eleven months later, in December 1997, Moore again contacted the Asentes and indicated her willingness to proceed with the adoption. As part of the arrangement, the Asentes hired a Kentucky attorney, Thomas C. Donnelly, to represent Moore and Doming with respect to the termination of their parental rights, after which the Asentes would then be able to proceed with the adoption of the child in Ohio.

Donnelly testified at a hearing before the Kentucky court that the Asentes chose to terminate appellants’ parental rights through a voluntary termination proceeding in Kentucky. He testified that this approach was chosen because it was the fastest way to assure that appellants’ parental rights were terminated. It is apparent that appellants expressed reservations about proceeding with the adoption at an early stage. However, Donnelly, as well as others associated with the adoption, continued to assure appellants that they had until the final hearing on their petition for voluntary termination of their parental rights to change their minds.

On December 16,1997, Moore and Doming signed a form titled “application for permission to receive or place a child.” This form designated the Asentes as the persons whom appellants wished to adopt Justin. On January 12, 1998, appellants signed an Interstate Compact Placement Request (ICPC-100A), requesting state approval for the interstate placement of Justin with the Asentes.

On January 27, 1998, Moore and Doming signed separate documents entitled “voluntary and informed consent to adoption.” These documents, prepared by Donnelly, purported to convey appellants’ consent to the adoption of Justin by the Asentes. This form also contained a provision stating that the consent was final and irrevocable twenty days after execution of the document. Despite the language in this document, purporting to extinguish appellants’ parental rights without the need of judicial intervention, Donnelly continued to inform appellants that they would still be able to change their minds anytime prior to the voluntary termination of parental rights proceeding that was to be filed in Kentucky. Donnelly further informed appellants that these consent forms were necessary to permit the immediate and temporary placement of the child with the Asentes in Ohio.

[94]*94On February 17, 1998, the Asentes signed a legal risk statement, prepared by Donnelly, indicating their understanding that Moore and Doming could void their consent concerning the proposed adoption anytime prior to the final hearing on the termination of appellants’ parental rights. That same day, both the Kentucky and Ohio Offices of Interstate Compact on the Placement of Children approved the placement of the child with the Asentes. Also on February 17, 1998, Justin was physically transported by the Asentes from Kentucky to their home in Trumbull County, Ohio, where the child has continuously resided to this day.

Virginia Smith, the administrator of interstate adoptions in Kentucky, would later testify at a proceeding in the Kentucky court that she did not notice that the Asentes executed a legal risk statement. She stated that this statement would have raised a red flag to her that this adoption was proceeding as a voluntary termination of appellants’ parental rights that needed court approval, as opposed to an out-of-state adoption that would not require judicial intervention under Kentucky law.

Soon after Justin was placed with the Asentes, Moore and Doming contacted Donnelly expressing their reluctance to go through with the voluntary termination of their parental rights.

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In re Adoption of Asente, 734 N.E.2d 1224, 90 Ohio St. 3d 91 (Ohio 2000).

734 N.E.2d 1224 (In re Adoption of Asente) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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