Little released after Baby Veronica custody hearings


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Reported by: Sharon Phillips
Updated: 8/16/2013 5:19 pm Published: 8/16/2013 4:34 pm


FOX23 learned steps for mediation were reached in a state court hearing about the custody dispute over Baby Veronica on Friday. 

People with the Cherokee Nation say within the next 18 days there will be another hearing.

Until that hearing both sides, Baby Veronica's biological father, Dusten Brown, and adoptive parents, Matt and Melanie Capobianco, are supposed to be in negotiations.

The judge also issued a gag order.

Holding hands in a united front, Dusten Brown and his wife, Robin, walked with their heads held high into the Cherokee Nation tribal courthouse.

The Capobiancos and Brown's parents arrived shortly beforehand.

The second hearing is said to have changed the temporary guardianship of Veronica.

The child's grandparents and stepmother were given temporary guardianship of her when Brown was on National Guard duty in another state in August.

During Friday's hearing, Brown hoped to get that changed to a special guardianship and make it a more permanent situation.

Linda Kats is a mental health specialist who has followed this case from the beginning. Her young grandson was given up for adoption at birth to another Cherokee family.

"I'm here because we placed my Cherokee grandson 16 years ago and really felt like that wasn't the right thing to do," said Kats.

Kats said at the time, her family thought it was the best thing to do, but they were under the impression they would have some type of contact with him.

"We felt like it was going to be far more open than it was," she said.

She said that draws her to this case.

"He shouldn't have been deprived of all of the family that loves him," she said.

While the Brown and Capobiancos continue to battle it out in court for Baby Veronica, Linda is an ever-present force at each hearing for her custody.

Dusten Brown's supporters have scheduled a rally Saturday at noon in downtown Tulsa.


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The views expressed here do not necessarily represent those of KOKI FOX23 - Tulsa

justhinkin - 8/28/2013 5:10 PM
0 Votes
why doesn't the mother of the child come in and say she wants her baby back .what do you think would happen they give it back to her ? I doubt it but i wish she would then the dad is back out of picture .maybe he didn't want anything to do with this child if he had to maintain relationship with ex wife

Samantha - 8/17/2013 10:07 AM
0 Votes
"If there was ever a doubt in anyone's mind that children are simply a commodity in adoption - a product to be contracted for - it is evaporated now. Children are the product - with no rights allotted other citizens -- and their parents simply the disposable containers they arrive in." Mirah Riben. Why should Veronica have to "compromise"? Every child's inherent right should be with their biological family if at all possible. If our society truly had children's best interest at heart in "adoption", the parties would have ended this when her father first began fighting for her in court when she was a baby. Adoption is not for people who need children. Welcome to the world of "sealed court records". Adoptees live with this their entire lives, because our records, identities, birth certificates, histories, genealogies, and medical histories are "sealed" from us indefinitely after we have been bought as children. Ourselves and our children after us are stripped of the right to identity forever. Several states have passed legislation (supported by CWLA) restoring our civil right to obtain our obc's. Even more disconcerting is the fact that when a baby is targeted for adoption, sometimes their original birth certificate is filled in with the names of the potential adoptive parents at the hospital, even before the adoption is finalized. Adoption agencies use the excuse that "birthmothers" can decide what is put on the obc. Young, vulnerable mothers (and fathers) are not given separate legal representation and many times are done exactly as told. Open adoption is not legally enforceable. And even in open adoptions done today, birth certificates are still "amended" and sealed. Adoptees are the only US citizens not allowed access to their original birth certificates. They are treated as perpetual children (if not commodities) by adoption law. Law and practice that has been showing it's colors in the Baby Veronica case. www.PeachNeitherHereNorThere.blogspot.com

Oldhaole - 8/17/2013 8:46 AM
0 Votes
Actually, no, that is not what the Capobianco's and their media train have been trying to do. They have been waging a media war to discredit and defame Mr. Brown in complete disregard as to how this might endanger or effect Veronica. Furthermore, your allegations that the Cherokee Nation does not recognize other indigenous groups are false. The Cherokee do, and always have lineage a child to his or her mothers clan. This does not in any way diminish or nullify Veronica's rights as a Cherokee citizen. As I'm sure you know based on your posts, the Cherokee nation does not use blood quantum to determine citizenship and never has. This in no way degrades Veronica's rights as a Cherokee citizen either. Latino's and Mestizo do carry from 1/4 to 1/2 Indian blood but this is irrelevant in this case as we are talking about citizen rights and not who is more Indian or more specifically who is "enough" Indian to please a non-Indian. The pleasure of non-Indians to bring this up is and has always been a tool used to attempt to dislocate Indian families from their children and assimilate the Indigenous cultures of the America's into society as a whole. In short it is an argument for cultural genocide and nothing more.

Cherokeetruth - 8/16/2013 6:20 PM
0 Votes
Traditionally, Cherokee and most other Indigenious people's used the mother to determine who the child was. Now here is another interesting fact, Veronica's mother carries more indian blood than 90 percent of the CNO, however it is not from the Cherokee. Hispanic, Latino, Purto Rican, etc people (mestizo/mixed) carry more native blood than over 90 percent of the entire CNO members. However the CNO refuses to recognize our canadian and south of the border brother and sister's indian blood.

Cherokeetruth - 8/16/2013 6:17 PM
0 Votes
Constitution of the Cherokee Nation 'September 6, 1839' Article 3 Section 5 The descendants of Cherokee men by free women, whose parents may have been living together as MAN AND WIFE, according to the customs and laws of this Nation, shall be entitled to all the rights and privileges of this Nation.

Cherokeetruth - 8/16/2013 6:14 PM
0 Votes
“On January 11, 2010, Father requested a stay of the South Carolina adoption proceedings under the Service member’s Civil Relief Act and three days later filed a summons and complaint in an Oklahoma district court to establish paternity, child custody, and support of the child. Father’s complaint initially alleged that “[n]either parent nor the children [sic] have [sic] Native American blood. Therefore the Federal Indian Child Welfare Act . . . do[es] not apply.” The complaint was amended on April 19, 2010, to allege “[b]oth the father and the child have Native American blood. Therefore the Federal Indian Child Welfare Act . . . do[es] apply.” "However, during Father's cross-examination the following exchange took place: Q. But you were prepared to sign all your rights and responsibilities away to this child just so as long as the mother was taking care of the child? A. That's correct. Q. And you would not be responsible in any way for the child support or anything else as far as the child's concerned? A. Correct. Q. That's correct? Is that conducive to being a father? A. I don't believe so."

Cherokeetruth - 8/16/2013 6:13 PM
0 Votes
“On January 11, 2010, Father requested a stay of the South Carolina adoption proceedings under the Service member’s Civil Relief Act and three days later filed a summons and complaint in an Oklahoma district court to establish paternity, child custody, and support of the child. Father’s complaint initially alleged that “[n]either parent nor the children [sic] have [sic] Native American blood. Therefore the Federal Indian Child Welfare Act . . . do[es] not apply.” The complaint was amended on April 19, 2010, to allege “[b]oth the father and the child have Native American blood. Therefore the Federal Indian Child Welfare Act . . . do[es] apply.”

PawhuskaMom - 8/16/2013 5:28 PM
0 Votes
Mediation?!? Isn't that what the Capobiancos and their facilitator man have been trying to do all week??? Lawyers are stupid.
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