Baby Veronica will stay with father in OK

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Updated: 8/23/2012 3:52 pm Published: 7/26/2012 9:07 pm

Unless the United States Supreme Court reverses Thursday’s decision by the South Carolina Supreme Court, baby Veronica, who has been at the center of long custody battle, will grow up with her father, Dusten Brown, in Oklahoma.
The Supreme Court in South Carolina sided with Veronica's biological father and the federal Indian Child Welfare Act.
“The purposes of this act were totally fulfilled by this court decision, and we're very happy with the result. This is an instance where South Carolina simply did not follow federal law,” Todd Hembree, Cherokee Nation Attorney General, told FOX23.
For Hembree this was the only decision that made sense.
“We're ecstatic that a Cherokee child is going to be able to stay with a Cherokee father, and not only is this a victory for them, it's victory for all of Indian Country.”
A spokesperson for the Matt and Melanie Capobainco, Veronica’s adoptive parents who live near Charleston, South Carolina, say the ICWA was never meant to be applied like this.
“It ultimately came down to the Indian Child Welfare Act which is a federal law that was meant to preserve families, and it really is destroying families and its creating unnecessary heartbreak and pain and suffering,” Jessica Munday said.
In this case, the ICWA superseded South Carolina adoption laws. The court determined that Veronica's biological father did not sign off on the adoption and the child was lawfully his. Hembree is prepared for the backlash from supporters of the Capobiancos.
“Sometimes being just does not equate to popularity,” Hembree said.
He believes this case has educated a large portion of the country on the Indian Child Welfare Act.
“If you follow the law and the processes, events like this won't happen.”
Attorney General Hembree hopes this is the end of this long and painful battle.
“I hope there is no writ to the United States Supreme Court, it's time to let this child have stability and be with her father.”
The Capobiancos have not said if they plan to appeal, but they did release this statement, "There really are no words to describe the incredible heartbreak, disappointment and pain we are feeling. Obviously, we do not agree with the ruling and we are just trying to process everything. We ask everyone to review the powerful and thoughtful dissent by Justice Kittredge. We couldn't agree more and are shocked that his and Justice Hearn's opinions weren't shared by the other three Justices involved in the ruling. This is a complete failure within our justice system - not only to us and Veronica - but to the birth mother who's rights as a loving parent have been completely ignored. Right now, and as it has always been, our main concern is Veronica and what is best for her. We thank everyone for their continued support and prayers.
FOX23 did reach a friend of Dusten Brown, Veronica’s biological father, and that person said the family was not ready to talk to the media.

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

RedWhiteBlue - 7/23/2013 3:24 PM
0 Votes
Why did the adoptive parents give the birth mother $10,000? I understand that during an adoption process while the birth mother is still pregnant that the 'adoptive parents' will pay for certain expenses. But this sounds like they bought the child which is illegal. To legally avoid "buying a baby" label, money should never exchange hands between said adopting parents and birth mother. Just saying. Of course, if the dad had not been pushed out of the way, none of this would have happened.

stemple1928 - 7/23/2013 10:44 AM
0 Votes
This is ridiculous!!!!!!!!!!! This baby girl belongs with HER FATHER!!!!! He should have all rights to her, he is her Father!!!!! Why would these adoptive parents have any rights at all? If he was unfit, then that’s a different story!!! He’s there, he’s trying, he loves her, she loves him!!!!! You finally have a good father/daughter case & you’re trying to take away his child!!! And to make matters worse, he is a veteran, fighting for our country & his life, NOW he has to fight for his rights to HIS child? WTC is wrong with this world!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! MOM GAVE HER UP, HER NATURAL FATHER LOVES HER & WANTS HER & HAS EVERY RIGHT TO HER, GIVE HIM (HER FATHER) HIS BABY GIRL, GIVE BABY GIRL HER DADDY (IT IS HER RIGHT TO HAVE HER FATHER)……….END OF STORY!!!!!!!!!!!!

Peach - 7/28/2012 12:25 PM
0 Votes
This case really isn't a "Indian" case at all. It is a corrupt adoption case. This biological father was kept out of the decision regarding her adoption and began formally contesting the decision when she was just an newborn. He was pushed out of the decision like many fathers are in the adoption industry. They should have done the right thing when Veronica was a tiny baby and not stripped her biological father's wishes and rights away just because she was a commodity in a supply/demand business. Justice isn't always popular, but I'm proud of this father for fighting for his daughter and for the rights of biological parents everywhere. Adoption law is skewed and ripe with conflict of interest issues and human rights violations because of the money involved and the need for babies. It strips the adoptee from their identity rights. Six US states have passed laws (supported by The Child Welfare League of America) restoring the unconditional right of adult adoptees access to their original birth certificate. Adoption reform is past due.

watchdog11 - 7/27/2012 1:40 PM
0 Votes
This decision wasn't made because of the "poor" indians, it was made because of an existing law within the Cherokee tribe. This law was made because less than a century ago the Feds would simply come into Cherokee homes and take the children without permission and without good reason and stick them into a boarding school run by white people who would beat and sometimes torture the kids to make them speak English and would starve, beat and leave them in isolation if they were heard speaking Cherokee, it amounted to the Feds kidnapping kids from homes and there was nothing the parents could do about it, imagine if they did that to your kids or to you and your brothers and sisters when you were kids...that is why this law within the tribe exists to protect the children from being kidnapped and basically incarcerated by our government....I disagree with them giving this little girl back to a father who obviously wasn't around when she was born nor did he give a crap about her until he found out she was living with adoptive parents, but this law came about because of the Federal Authorities overstepping their bounds with tribal children, and it is what it is, I just pray for this little girl, she is going to have a rough life now.

SVCMGR - 7/27/2012 7:51 AM
0 Votes
Its still and will always be poor poor indians!! FK that! What about the kid? Where was this as@ho13 when the child was born?? And just because he is indian make this case special????? What a bunch of B.S!!!!!!!!!!!
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