LegalLaw247.com, August 17, 2013 ) GREENVILE, S.C. — The adoptive parents of a 3-year-old whose biological father is part of the Cherokee Nation have been unable to visit the little girl since early August, despite pleas and an ultimatum from Oklahoma Governor Mary Fallin.
Matt and Melanie Capobianco arranged baby Veronica’s adoption through her birth mother, who is not Native American. For over two years the girl lived with the Capobiancos, but Veronica was ordered to return to her biological father Dusten Brown by the South Caroliina Supreme Court, citing the Indian Child Welfare Act of 1978, which aims to keep Native American families together.
Brown has kept the Capobiancos from seeing or communicating with Veronica. Brown’s actions, though unfair to the Capobiancos— who were awarded legal custody of Veronica on July 31— are protected under the act, which would allow adopted Native American children to be taken back by their biological parents at any time.
The Capobianco’s case raises serious questions about tribal sovereignty and adoptive parents’ rights in Native American adoption proceedings. Though the Capobiancos were awarded legal custody, the Indian Child Welfare Act superseded it.
In a statement released by the Capobiancos they claimed both sides in the dispute are working on a, “mutually agreeable” solution in the case.
For a free review of your case or questions about your rights, contact Standeffer & Harbin at (800) 671-1158.
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Standeffer & Harbin is committed to helping all those who have been injured by the actions or negligence of another person or entity. The personal injury law firm based in Anderson, South Carolina handles a variety of different claims including criminal law, auto accidents, defective products, dram shop liability, drunk driving and dui, medical malpractice, motorcycle accidents, nursing home abuse, personal injury, slip and fall, social security disability, truck accidents, workers compensation and wrongful death.
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Baby Veronica Case Raises Questions of Native American Tribal Sovereignty, Reports Standeffer & Harbin
August 17, 2013 Posted By: admin
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