A recent news report out of Charleston discussed the sad South Carolina custody case involving Dusten Brown and Matt and Melanie Capobianco. The case received national attention in late June when the U.S. Supreme Court issued an important ruling limiting the power of the Indian Child Welfare Act (ICWA). The U.S. Supreme Court then returned the case to the South Carolina Supreme Court, which ordered the young girl to be returned to the adoptive parents (Capobiancos).
Last week a Charleston County family court judge ruled Veronica’s adoption by the Capobiancos was final, terminating Brown’s rights. It’s been 19 months since they last laid eyes on Veronica, since then the girl has been living with her biological father, Dusten Brown, and his new wife in Oklahoma. The Capobiancos believed they would see Veronica for the first time on August 4th for the first of four visitation periods before she was formally handed over by Brown.
According to the news report, Veronica never managed to leave Oklahoma. Brown’s attorney says the girl is staying with Brown’s wife while he is away at Army National Guard training. The couple’s attorney says he intends to bring the custody case to Oklahoma and Cherokee courts. Representatives from the Cherokee Nation have said that Brown is allowed to formally object to the enforcement of the adoption order within 20 days, something the Capobiancos say should not be allowed given the finality of the matter in South Carolina courts.
After the visitation did not take place on August 4th, the custody order was sent to the U.S. Attorney’s Office. In a statement, the U.S. Attorney’s Office says they received the custody order and are currently consulting with law enforcement officials to decide what next steps are appropriate. Late last week, the Charleston County Sheriff’s Office charged Brown with custodial interference and issued a warrant for his arrest, and Brown was expected to turn himself in yesterday.
The ordeal has been a long one, with the first several years of Veronica’s life being embroiled in a custody battle. We can only hope that for the sake of the girl and all the families involved that the matter is brought to a swift and just conclusion. Though the decision may be hard to swallow for some, it’s crucial that South Carolina family court orders are followed, especially in contentious custody disputes.
Source: “Baby Veronica’s delayed return worries adoptive parents,” by Mark Davenport, published at Live5News.com.
