Baby Veronica case comes back to Charleston family court - WCBD-TV: News, Weather, and Sports for Charleston, SC

Baby Veronica case comes back to Charleston family court

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More than a month after the U.S. Supreme Court overturned a South Carolina decision placing baby Veronica with her biological father, the path to finalize the adoption could begin as soon as Wednesday but new developments indicate what could be the beginning of an ugly custody battle.

Friday the attorneys for Dusten Brown and the Cherokee Nation filed a stay with the Supreme Court of the United States asking for a rehearing to determine Veronica's best interest, which was denied at the state level last week. The attorneys for the adoptive couple called this a stall tactic to keep Veronica in Oklahoma longer despite court orders.

Brown's attorney, Charles Rothfeld, said to the nation's justices in April that if they remand the lower court there should be best interest hearing.

Since the beginning the Capobianco's representatives claim they've been fighting for her best interest, which they said was ignored because of the Indian Child Welfare Act, and which the nation's justices said did not apply to this case.

On a WMNF Tampa radio talk show this weekend another attorney for Brown said the family court judge has his hands tied and will be forced to follow an adoption plan suggested by the adoptive couple without a best interest hearing.

"We're continuing to fight because this is about a father who wants to raise his child," John Nichols told WMNF. "I will fight with every fiber of my being to see that doesn't change."

Representatives on the side of the Cherokee Nation and on the side of the adoptive couple said they will be in family court Wednesday at 3:30 p.m.

Coverage on this case begins on News 2 Today Wednesday morning at 5:00 a.m.

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