WASHINGTON, DC (WCSC) - In just five days, the highest court in the country will hear arguments over who baby Veronica should live with. The United States Supreme Court plans on hearing the custody case of Veronica on Tuesday April 16 in Washington, D.C.
Oral arguments will surround whether the Federal Indian Child Welfare Act of 1978 was used correctly in the case in December of 2011.
Veronica was ordered from her adoptive home on James Island on New Years Day and returned to her biological father, Dusten Brown.
In July of 2012 the South Carolina Supreme Court upheld a lower court decision to take Veronica from her adoptive parents, Matt and Melanie Capobianco, and keep her with her biological father, who is a citizen of the Cherokee Nation.
In a 3-2 vote, the court sided with the child's biological father by rule of the Federal Indian Child Welfare Act. The act is a federal law designed to preserve Native American families.
In January, Supreme Court Blog Reporter Lyle Denniston said the Supreme Court would be looking closely at "the definition of 'parent' under the federal law, including whether that includes an unwed father who only belatedly claimed parental rights."
The Capobianco's had raised Veronica from birth, and their custody battle with Brown began just a few months later.
Brown took custody of then-2-year-old Veronica on New Year's Eve in 2011 and drove her back to his home in Oklahoma.