U.S. Supreme Court could hear "Save Veronica" case

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Updated: 9/19/2012 9:58 am Published: 9/18/2012 9:23 pm

The fight over custody of a three-year-old girl that has made headlines since January could be headed to the United States Supreme Court.

Matt and Melanie Capobianco, adoptive parents of Veronica, say after losing their case at the Supreme Court of South Carolina, they’re ready to take the case to Washington DC. Veronica has been living with her biological father in Green Country since January.

When the Supreme Court of South Carolina ruled against the Capobiancos this summer, they were shocked.

“It was like déjà vu of the day they took her, because everybody showed up at our house, it took a long time to sink in,” Melanie said.

The couple was shocked because they felt a lower court did not properly apply the Federal Indian Child Welfare Act in deciding where their adoptive daughter should be placed. Veronica's father is part Cherokee, and the ICWA states that every attempt must be made to keep Native American children in Native homes, but to what degree has been debated.

“Each state has interpreted it differently. There have been so many cases similar to ours where they have interpreted it differently, and I think it's time the Supreme Court decides how it should be interpreted,” Melanie said.

The ex-wife of Veronica's biological father says while Veronica's biological mom signed off on the adoption, he never gave up his parental rights.

“He did not set out to hurt (the Capobiancos). He feels bad that they hurt; he doesn't want them to hurt. He just wants his daughter; it's as simple as that,” Rachael told FOX23.

In Oklahoma, Veronica has a half-sister who is scared at the thought that she might be taken away.

“If I see my sister go I could cry, and I would be afraid I would not see her again,” Kelsy said.

Rachael is Kelsy's mom, and she says her and Veronica's biological father are still friends.

“He didn't want it to go this far. He didn't want to exploit anyone. He didn't want to hurt anyone. He just wanted his daughter, and that's it.”

The United States Supreme Court should decide whether to hear Veronica’s case in late 2012, early 2013.

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