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Judge reaffirms jurisdiction in Thomas custody dispute, sets July 29 evidentiary hearing
Summary
In a complex multi‑state custody and adoption dispute involving a newborn placed for adoption in Colorado, the Dixon County judge held the court retains jurisdiction over the parties and set an evidentiary custody hearing for July 29, 2026 while allowing counsel to pursue interlocutory appellate review on jurisdiction.
A Dixon County judge on June 16 concluded the local court retains jurisdiction in an interstate custody/adoption dispute and scheduled an evidentiary custody hearing for July 29, 2026.
The matter centers on whether Tennessee, West Virginia (birth state) or Colorado (where a proposed adoption is pending) should make an initial custody determination for a newborn. Counsel argued statutory UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) standards and whether the pre‑adoptive parents in Colorado qualify as "persons acting as a parent." After hearing argument and reviewing prior orders in the case docket, the judge stated the court had long‑exercised jurisdiction over the parties and declined to cede decision‑making.
"I am of the opinion that this court continues to have jurisdiction over the parties and the party's minor children," the judge said on the record, and he set a custody hearing to permit an evidentiary record to be developed. The judge left open the defendants' right to seek an interlocutory appeal on the jurisdiction question but warned that any transfer or surrender of parental rights would be constrained by the court's orders while the case remains pending.
