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Couple appeals child-custody case to US Supreme Court - Live5News.com | Charleston, SC | News, Weather, Sports

James Island couple appeals child-custody case to Supreme Court

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The Capobiancos are still fighting for Veronica, pictured here. The Capobiancos are still fighting for Veronica, pictured here.

By BRUCE SMITH
Associated Press

CHARLESTON, S.C. (AP) - A court ruling sending a Native American girl back to Oklahoma from her adoptive James Island family has been appealed to the U.S. Supreme Court.

The state Supreme Court ruled that the 2-year-old should be returned to her biological father, a member of the Cherokee tribe.

But in a 142-page petition to the U.S. Supreme Court, attorneys for the South Carolina couple say courts in a dozen states are divided on the interpretation of the Indian Child Welfare Act.

They want the high court to clarify whether a non-custodial parent can use the act to block an adoption undertaken legally by a non-Indian parent under state law.

A state Family Court judge awarded custody of the child to the biological father last year and she was taken to Oklahoma.

Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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