'Baby Veronica' Stay Levied by OK Supreme Court, Child to Stay with Biological Father for Now
A case involving a young girl that has come to be known as the "baby Veronica" experienced a new development. The Oklahoma Supreme Court granted an emergency stay to keep the 3-year-old Cherokee girl with her biological father until arguments are presented from his lawyers and those of the girl's prospective adoptive parents this week.
The court granted the stay on Friday and was posted for the public to see on the court's website Tuesday.
The case centers around Matt and Melanie Capobianco, who witnessed the birth of their adoptive daughter and for two years were the only parents she knew. The child's biological mother gave up rights to the baby upon birth and told the Capobianco's that the father had given up his paternal rights as well. But when the father, Dusten Brown, received the papers regarding the adoption, he decided to fight for custody instead.
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Brown claimed that he had offered to marry the mother of his child and she refused. Brown was in the army and serving in Oklahoma at the time, according to he Washington Post. He was granted custody of his daughter just over a year ago, at the end of 2011.
The Capobiancos are torn over losing the little girl that they had raised for two years as their daughter. They had made their case on national television and even appeared on Dr. Phil to tell their side of the story. The birth mother had stated that Brown refused to provide child support.
Further complicating the matter is the Indian Child Welfare Act, which made it possible for Brown to regain custody. The act was created in 1978 due to the high removal rate of Indian children from their traditional homes; it was an attempt to protect the culture of the children within the community.
Brown is a member of the Cherokee Nation, making baby Veronica also of Native American heritage.
The case will decide whether or not the rightful adoptive parents can invoke the same Act used by Brown, despite the fact that they are not of Native American decent.
