South Carolina Supreme Court denies new hearing - WCBD-TV: News, Weather, and Sports for Charleston, SC

South Carolina Supreme Court denies new hearing in Veronica adoption case

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Previously the South Carolina Supreme Court ordered a Family Court to finalize Veronica's adoption by Matt and Melanie Capobianco Previously the South Carolina Supreme Court ordered a Family Court to finalize Veronica's adoption by Matt and Melanie Capobianco
CHARLESTON, SC -

Veronica may be one step closer to coming back home as the South Carolina Supreme Court denies the latest petition made by the biological father, Dusten Brown, and the Cherokee Nation. Brown was petitioning for the state Supreme Court to allow another hearing to decide what would truly be in the best interests of Veronica. The order denying this request was released Wednesday, saying the best interests of Veronica were to be adopted by the adoptive couple, explaining their previous decision to remove Veronica based on the Indian Child Welfare Act was wrong and therefore she should be returned.

However, in a phone interview, the Cherokee Nation's Assistant Attorney General Chrissi Nimmo disagrees, saying we can't simply overturn the previous ruling and pretend the past few months haven't happened. "When we are talking about children, we cannot simply act like we are back in September of 2011, because we are not. We are in July of 2013, and Veronica is going to be four in September, and every legal argument aside, that has to be a consideration when we are talking about custody of children."

Lori McGill is the attorney for Veronica's biological mother, who is in favor of the Capobianco's adoption. She believes all of the latest petitions are being filed for a reason. "I think their long term goal as stated in the papers is to gin up something to go back to the United States Supreme Court with."

McGill says she finds the Browns latest arguments ironic. "They want to file a federal lawsuit now saying that Veronica's constitutional rights will be violated by returning her to the family that the Supreme Court has said she should never have been taken from in the first place."

McGill also went on to say she believes the biggest problem is that this is now about much more than just Veronica. She says the case has become a power struggle because the Cherokee Nation is fighting for the use of the Indian Child Welfare Act, and is considering this case a make or break moment in regards to that law.

The SC Supreme Court's order reads:  "Despite our understanding that numerous petitions for adoption have been filed in Oklahoma and the Cherokee Tribal Court, we retain jurisdiction to finally resolve Baby Girl's adoption in the courts of South Carolina by virtue of the Supreme Court's transfer of jurisdiction to this Court.  We deny Birth Father's motion in its entirety. Because we can resolve the issues of law here, nothing would be accomplished by a de novo hearing in the Family Court, except further delay and heartache for all involved - especially Baby Girl."

 Follow the The Veronica case here.

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