Attorneys comment on whether baby Veronica should get another he - WCBD-TV: News, Weather, and Sports for Charleston, SC

Attorneys comment on whether baby Veronica should get another hearing in SC

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Last week the South Carolina Supreme Court said the Capobianco's adoption of baby Veronica should be finalized as a result of the U.S. Supreme Court ruling on this case involving the Indian Child Welfare Act.

In an effort to keep the 3-year-old with the biological father she's lived with for over a year, father Dusten Brown wants another hearing in South Carolina, the Cherokee Nation filed the petition claiming Veronica's best interests are not being considered.

"We're simply saying that before another transfer can take place, another judge has to look at the facts and decide if it's in her best interest now to take her from her father and send her back to the Capobiancos," Assistant Attorney General for the Cherokee Nation, Chrissi Nimmo said. "Every legal issue aside, that has to be an issue when we're talking about children."

If this sounds familiar, the attorney for the biological mother and on the side of the adoptive couple, said it's the same argument they tried in an effort to keep Veronica with the Capobiancos in 2011.

"It might have been done to create a circus more than anything else. I think the tribe is sort of acting like a wounded animal and is flailing around now pretty desperate," Lori McGill said. "They're relying on the same arguments that they have repeatedly said were invalid."

Of course, until the adoptive couple reached the U.S. Supreme Court, they lost to Dusten Brown and the Cherokee Nation at every level, which is why the tribe now said without the Indian Child Welfare Act there's no proving what Veronica's best interest are unless they go to court again.

"Because there wasn't an issue as to whether or not the transfer was in her best interest. Under South Carolina law, before an adoption can be finalized the family court must find that it is in adoptee's best interest to grant the adoption. The only best interest findings that have ever happened in this case, both by family court and by South Carolina Supreme Court, found that it was in Veronica's best interest to go to her father," Nimmo said.

South Carolina justices are expected to expedite the ruling on this petition because it does involve a minor. We could hear from them as soon as this week, but the Cherokee Nation has the option to petition at the family court level if the petition for a rehearing is not granted.

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