State ex rel. Garrett v. Costine

The Supreme Court vacated the adoption decree entered in the probate court, holding that the probate judge Mark Costine patently and unambiguously lacked jurisdiction to grant Elizabeth Garrett’s petition to adopt G.G.G.G. was the granddaughter of Tamalie Garrett, who was the mother of Elizabeth. A West Virginia family court designated Elizabeth, the birth mother’s sister, as G.G.’s legal guardian and awarded Tamalie visitation. Elizabeth and G.G. subsequently moved to Ohio and filed a petition to adopt G.G. in Belmont County Probate Court. Judge Costine issued a final decree granting Elizabeth’s adoption petition. The Supreme Court vacated the adoption decree, holding that because neither the West Virginia court nor the Ohio court made a determination that the relevant persons no longer resided in West Virginia, Judge Costine’s granting of Elizabeth’s petition for adoption was a “modification” of the West Virginia order in violation of 28 U.S.C. 1738A(h). View "State ex rel. Garrett v. Costine" on Justia Law