Justice for Children Project,

   COLUMBUS, Ohio -- An Ohio State University College of Law group has entered an emotionally charged, interstate custody battle for a 3-year-old boy whose older brother was adopted by the same parents involved in the case.

Ohio State's "Justice for Children Project" has filed a "friend of the court" brief with the Ohio Supreme Court in Moore v. Asente, asking the justices to consider the rights of the brothers as they make their custody decision. Katherine Hunt Federle, a professor of law at Ohio State and director of the Justice for Children Project, says the group believes biological brothers have a constitutional right to maintain their relationship as siblings in spite of their disputed family situation.

The case, which will be argued at 10 a.m. Tuesday Aug. 22 before the Ohio Supreme Court, centers on Regina Moore and Jerry Dorning of Covington, Ky., the unmarried parents of Justin. The two have been trying to get Justin back from his adoptive parents, Rich and Cheryl Asente of Girard, Ohio, since March 1998. Complicating the case is the fact that the Asentes adopted Justin's older brother, Joseph, in 1996. But Moore and Dorning only want Justin returned. The couple placed Justin with the Asentes when the child was nine months old and the Asentes have been attempting to enforce the adoption.

The amicus brief contends that the boys have a constitutional right to maintain and pursue their existing relationship under both the 14th and the 1st Amendments of the United States Constitution and Article I of the Ohio Constitution. The two have lived in the same home since February 1998, when Justin was voluntarily placed with the Asentes. At the time, his brother Joseph was more than two years old.

"The boys have lived together continuously and have formed an emotional bond," Federle said. "Thus, they have a substantive due process right to maintain and pursue their relationship."

The case presents an unusual scenario - biological brothers who have formed some emotional attachments who may be separated because of a diputed adoption. It also is unusual because sibling rights are an unresolved issue under both the U.S. and Ohio constitutions, Federle said.

In addition, the case is proceeding on parallel tracks through both courts in Ohio, where the adoptive family lives, and in Kentucky, where the biological parents reside. Although an Ohio appellate court initially found the state had no jurisdiction to resolve the matter, the Ohio Supreme Court decided to hear the case on appeal. The matter is also pending before an appellate court in Kentucky.

In the meantime, both boys remain with the Asente family in northeastern Ohio pending outcome of the process.

Federle anticipates conflicting rulings from the two state courts. "I fully expect this case will go the U.S. Supreme Court if the parties are unable to reach an agreement," she said. She and her students will be in the courtroom as lawyers for both sides argue their cases.

The Justice for Children Project began at the Ohio State College of Law in 1998 to explore ways in which the law may be used to benefit children. Project participants research interdisciplinary issues while considering all legal and non-legal solutions to the problems confronting children. In addition, children and their interests are represented in the local court systems through the Justice for Children Practicum, a one-semester course open to eligible third-year law students.

College of Law students Andrew Miller, Brian Ray, and Andrew Lockshin helped prepare the amicus brief in the case.

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