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Judge grants limited interlocutory appeal on newborn jurisdiction, orders evidentiary hearing to proceed
Summary
In a contested custody and interstate adoption dispute, the court granted a limited interlocutory appeal on jurisdiction over a newborn child while allowing local evidentiary proceedings on the other child to continue; the judge set further hearings and directed counsel to submit proposed appellate issues and a plan for graduated visitation.
A Dixon County judge addressed a complex, multi‑jurisdictional custody dispute in which counsel argued another state (Colorado) is pursuing adoption of a newborn while the local court has an open divorce and custody action. The father sought immediate return of one newborn and visitation with an older child; counsel requested an interlocutory appeal and a stay related to the newborn’s jurisdiction. The court granted a limited interlocutory appeal solely as to the newborn child’s jurisdictional question and refused to stay the local evidentiary proceedings regarding the other child.
Opposing counsel argued the stay, if granted broadly, could allow the Colorado court to proceed with adoption steps that would be difficult to unwind; the judge said he would grant the interlocutory appeal request limited to the newborn child and asked both sides to submit proposed appeal issues within 10 days so he could prepare the court’s statement for the appellate court. The court also explained it would not stay other evidentiary matters and emphasized the need to protect the father’s right to pursue visitation: ‘‘He has the right to see his daughter... so I want him to see this child,’’ the judge said, but added that any contact must be arranged to limit risk to the child and avoid violating orders of protection.
Father Michael Jarrell Thomas Jr. testified about his living arrangements, employment and the childcare plan he proposed; he described significant family turmoil and alleged that the mother had pursued an out‑of‑state adoption without his knowledge. The court set a follow‑up evidentiary hearing to continue tomorrow at 9:00 and instructed counsel to be prepared to propose supervised, graduated visitation arrangements and to submit appellate issues within the timeframe ordered.
