A hearing has been set for Wednesday at Charleston County Family Court to determine how and when a girl of Cherokee heritage often referred to as “Baby Veronica” will return to her adoptive parents on James Island.
The news comes a few days after the girl’s biological father Dusten Brown asked the U.S. Supreme Court on Friday to stop a court-ordered handover of his daughter to Matt and Melanie Capobianco.
After her birth mother gave her up for adoption, Veronica lived the first 27 months of her life with the Capobiancos. However, she spent the past 18 months with Brown in Oklahoma after South Carolina’s courts initially gave the father custody using the Indian Child Welfare Act.
But the Supreme Court ruled in June that the ICWA did not apply in this situation. The South Carolina Supreme Court this month ordered a family court to finalize the adoption of Veronica by the Capobiancos.
Brown wants the justices to intervene again because he says the state judges misread the June ruling and did not take account of Veronica’s interests. Meanwhile, the child’s biological mother Christina Maldonado has sued the U.S. Attorney General’s Office, seeking a declaration that parts of the ICWA are unconstitutional.
Wednesday’s hearing is scheduled for 3:30 p.m., according to the Charleston County Clerk of Court’s office.