Thursday, August 23 2012 7:35 PM EDT2012-08-23 23:35:57 GMT
The South Carolina Supreme Court denied Matt and Melanie Capobianco a request for rehearing in their custody case. More >>
The South Carolina Supreme Court denied Matt and Melanie Capobianco a request for rehearing in their custody case. The state's highest court ruled last month in favor of the Indian Child Welfare Act and affirmed that the couple's 2-year-old adoptive daughter remain in Oklahoma with her biological father Dusten Brown.More >>
WASHINGTON (WCIV) – The United States Supreme Court agreed on Friday to hear the case of baby Veronica Capobianco, who was adopted by a Lowcountry family only to be taken back after the birth father used the Indian Child Welfare Act to reclaim the girl.
The Capobianco family had adopted at birth the daughter of a young woman who was not a tribal member, but the child was considered to be an Indian because of her father's tribal membership.
The Capobiancos had to give up the child after raising her for two years, because a state court ruled that the federal law took priority over state law.
The issue in the case is the definition of "parent" under the federal law, including whether that includes an unwed father who "only belatedly claimed parental rights," according to SCOTUSblog, a site that reports on all things related to Supreme Court cases.
"They are just so grateful that the U.S. Supreme Court Justices would accept this case, and I really think it's a testament to why we've all been fighting so hard over the past year. Her rights were really ignored and that's why this case truly needed to be heard on a national level," said Jessica Munday, the Capobianco family spokesperson.
Munday said if the Supreme Court rules in their favor, they would consider moving to Oklahoma in an effort to keep baby Veronica close to her biological mother and father.
The Court has not yet scheduled a hearing for the case.
Monday, December 31 2012 5:54 PM EST2012-12-31 22:54:54 GMT
JAMES ISLAND, S.C. (WCIV) -- It's been one year since Veronica Capobianco was taken from her adoptive parents on James Island and returned to her biological father in Oklahoma. In July, the state SupremeMore >>
It's been one year since Veronica Capobianco was taken from her adoptive parents on James Island and returned to her biological father in Oklahoma.More >>