Couple's fight for daughter in the hands of SC Supreme Court

2-year-old Veronica on New Year's Eve
2-year-old Veronica on New Year's Eve

CHARLESTON, SC (WCSC) - A Charleston couple's fight to get their adopted daughter back is now in the hands of the state Supreme Court.

Matt and Melanie Capobianco presented their case to a judge Tuesday afternoon. A federal law meant to protect Native American children is at the center of the dispute.

The Federal Indian Child Welfare Act was passed because many Native American children were being removed from their homes by public and private agencies. The law gives the child's tribe and family a say in decisions affecting the child.

The case pits a Charleston couple, who's raised 2-year-old Veronica since birth, against the child's biological father, Dusten Brown. He's a Cherokee Nation member who took her to Oklahoma late last year after changing his mind and winning custody.

But the Capobiancos say he signed over all of his rights when Veronica was born. Unless they win their appeal, Veronica will stay with her father in Oklahoma.

This is the first time the high court has handled a case involving this act. Because it's an adoption case, Tuesday's arguments were closed to the public.

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