There was no legal relief for Matt and Melanie Capobianco this week.
The couple’s hopes of regaining custody of their 2-year-old adopted daughter Veronica Rose were dashed by a decision by the South Carolina Supreme Court Thursday. The high court voted 3-2 to deny the Capobiancos’ appeal.
The same court ruled in July that the toddler must be given back to her birthfather, Dusten Brown. The Indian Child Welfare Act was used in determining custody, as Brown is a member of the Cherokee Nation. The Act is meant to keep Native American families together.
The now-2-year-old Veronica was adopted by the Capobiancos of James Island after meeting with the girl’s mother. They attended the girl’s birth and cared for her thereafter. But Brown filed for, and was awarded, custody by a lower court in December. He lives in Oklahoma.
The couple appealed for the right to keep their child, but the Supreme Court sided with the father last month.
The Capobiancos have 90 days to decide if they want to appeal this case to the US Supreme Court.
Sheree Bernardi contrbuted to this report.