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COLUMBIA, S.C. -- The South Carolina Supreme Court has upheld the return to of a Native American girl adopted by a South Carolina family to her father in Oklahoma.
The justices returned the order Thursday in a case that apparently for the first time weighed state adoption law against the Indian Child Welfare Act.
In a 3-2 decision, the justices said the act confers custodial preference to the child's father, a member of the Cherokee tribe. A Family Court in South Carolina late last year ordered 2-year-old Veronica returned to her father in Oklahoma.
She had been adopted by Matt and Melanie Capobianco, who live on James Island and who appealed the Family Court decision to the Supreme Court.
Source: http://www.sacbee.com/2012/07/26/466299 … rn-of.html
Child To Remain With Birth Father
A Cherokee father will retain custody of his 2-year-old daughter, following a ruling by the South Carolina Supreme Court.
The state's highest court denied a request by the girl's adoptive parents challenging the Indian Child Welfare Act.
The girl, named Veronica, was given up for adoption by her birth mother to Matt and Melanie Capobianco.
Then in December 2011, a court ordered Veronica be taken away and given to her birth father in Oklahoma.
He was serving in Iraq and says he was unaware the mother had put the baby up for adoption.
In July, the South Carolina Supreme Court ruled the Indian Child Welfare Act supersedes state adoption laws.
The federal law was designed to keep Native American children with their tribes.
Wednesday, the court ruled in a 3-2 decision to deny a request for rehearing the case.
Source: http://www.ktul.com/story/19355278/nati … rth-father
Legal battle over Native American girl comes to a poignant end
Was justice served Monday when a little girl called Veronica was taken from her biological father, a Cherokee, and returned to the white South Carolina couple who had begun to adopt her at birth four years ago?
This is one of those heartbreaking stories that periodically makes headlines, sending a shiver down the spines of adoptive parents and enraging Native Americans whose children had been ripped away from them so often that a federal law was passed in 1978 to put safeguards in place.
Read more: http://www.latimes.com/local/lanow/la-m … 4905.story