Article Image
Baby Veronica’s Custody Dispute Finally Settled through Mediation

Thursday, September, 26, 2013


 

Mediation finally drew to a close this week in Tulsa, Oklahoma for Baby Veronica and the two sets of parents who have been disputing over her custody arrangements.  It became clear that the parties were, in fact, mediating their dispute once the Oklahoma Supreme Court-appointed judge informed the press that negotiations were underway and that such negotiations were occurring in a closed-door setting.

  

Matt and Melanie Capobianco of Charleston, South Carolina, have been attempting to adopt Veronica since her birth four years ago.  After mediation talks ended this week, Veronica has been finally turned over to the Capobiancos, who have regained full custody of her after a temporary court order gave custody to the child’s biological father, Dusten Brown, a member of the Cherokee Nation.

 

In a dispute that has been given much attention, the custody struggle over Veronica has brought to light legal questions related to tribal sovereignty and federal law.  Veronica, who lived with the Capobiancos from her birth until she was just over 2 years old, was put in her biological father’s custody based on the Indian Child Welfare Act.  The U.S. Supreme Court later reversed that decision, as the South Carolina courts determined that Veronica should live with her adoptive parents.

 

Brown attempted an appeal in Oklahoma's courts and his appeal was sent to mediation, where the child’s legal guardians hope to settle the dispute.  The girl’s adoptive parents have stated to the press in recent years that they want Veronica’s father and Cherokee family to be a part of her life; but until these mediation proceedings, both parties have failed to agree upon the terms under which that might be possible.