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The biological father of a Cherokee Indian girl at the center of a contentious custody battle has been arrested after resisting a court order to return the girl to her adoptive parents. who claim the 3-year-old has been kidnapped. Dusten Brown surrendered Monday to the Sequoyah County Sheriff's Office in eastern Oklahoma. Brown, an Iraq war veteran, appeared before a judge but refused extradition without a governor's warrant from South Carolina, where the adoptive parents, Melanie and Matt Capobianco, live.
"He is a very loving father, a responsible citizen and he is serving his country in the military," Brown's attorney, Rob Nigh, said.
"He has consistently indicated that custody of his daughter is of critical importance to him and he intends to assert his legal rights."
After Veronica's birth mother, who is not a member of the Cherokee tribe, rejected Dusten Brown's marriage proposal, he was not present for the pregnancy and did not pay child support after Veronica was born in September 2009. The Capobiancos were picked by Veronica's birth mother to be her adoptive parents and the girl was raised from birth by the couple in South Carolina for two years.
However, when Dusten Brown, who is of Cherokee descent, found out that the Capobiancos were going to adopt her, he objected.
Brown gained custody of Veronica at the very end of 2011 after the South Carolina Supreme Court ruled that he had a prevailing right to claim custody based on the 1978 Indian Child Welfare Act, which aimed to keep Indian children from being placed with non-Indian adoptive or foster parents.
After the ruling, the Capobiancos appealed the South Carolina Supreme Court decision to the U.S. Supreme Court, which ruled that the lower court should reconsider their ruling. The lower court then reversed its ruling.
Two weeks ago, a South Carolina family court judge finalized the Capobianco's adoption of Veronica. The judge also approved a transition plan for Veronica so that she would be gradually reintroduced to the Capobiancos.
Brown failed to produce Veronica during a court-ordered transitional meeting Aug. 4. Then, the judge issued an order that Veronica be immediately turned over to the Capobiancos. South Carolina authorities issued a warrant for Brown's arrest, charging him with custodial interference.
CHARLESTON, S.C. - South Carolina Gov. Nikki Haley signed an extradition order Monday for Dusten Brown, the biological father of a Cherokee child at the center of a custody fight with a South Carolina couple.
The order asks for the extradition of Brown to South Carolina to face felony custodial interference charges. Oklahoma Gov. Mary Fallin's office acknowledged receipt of the request and is expected to release a statement later Tuesday.
Fallin will have 90 days to decide what action to take.
Matt Capobianco made a vow to get on a plane to Oklahoma and take his daughter on his own. Nowata County Sheriff Jim Hallett said if Capobianco takes Veronica he could face kidnapping charges because adoption orders from other states do not apply in Oklahoma.
Apparently, it mattered enough to Maldonado that, according to the letter to the tribe's ICWA office, she was also inquiring about securing her own Certificate of Degree of Indian Blood (CDIB) card, presumably in the hope that it would nullify Brown's potential enforcement of ICWA. Under federal law, it would not have made any difference. In fact, according to tribal lawyers, had Maldonado been successful in her 11th hour attempt to seek tribal membership a month before Veronica's birth, it would have automatically guaranteed the intervention of the Cherokee Nation into the adoption proceedings. Had that been the outcome, perhaps this case might have been settled a long time ago, without the enormous amount of heartache and legal fees incurred by all the parties involved. But that didn't happen. Read more at indiancountrytodaymedianetwork.com...
Originally posted by Foundryman
Men have no rights when it comes to custody and child support.
Dusten Brown was a member of the Cherokee Nation and serving in the United States Army at Fort Sill, Oklahoma and the father of one other child. Christina Maldonado was a non-Indian single mother of two. Brown and Maldonado became engaged to be married in December 2008, and Maldonado informed Brown that she was pregnant in January 2009. On learning Maldonado was pregnant, Brown began to press her to go ahead and marry him, and refused to provide any financial support until after the two had married. In May 2009, Maldonado broke off the engagement by text message and cut all communications with Brown. In June, Maldonado sent Brown a text message asking if he would rather pay child support or relinquish his parental rights. Brown responded via text message that he relinquished his rights. A few months prior to the baby's birth, she began to work with an adoption attorney to place the child with Matt and Melanie Capobianco of South Carolina. Although Oklahoma law requires that an Indian tribe be notified, Maldonado's attorney misspelled Brown's name and provided an incorrect date of birth, so the tribe was not put on notice of the proposed adoption.[fn 2] It is undisputed that, for the duration of the pregnancy and the first four months after the baby's birth, Brown provided no financial assistance to Maldonado or the baby, even though he had the ability to do so.  After receiving permission from Oklahoma authorities, based in part on the identification of the child as Hispanic instead of Native American, the Capobiancos took the child to South Carolina.[fn 3] Four months after the birth of the child and just days from deployment to Iraq, Brown was served with notice of the proposed adoption. Brown signed the document, believing that he was relinquishing rights to Maldonado.[fn 4] Brown, once he realized what he was signing, immediately tried to retrieve the document, and failing that, contacted the Judge Advocate General at Fort Sill for assistance. Seven days after being notified of the proposed adoption by the Capobiancos, Brown had obtained a stay of the adoption proceedings under the Servicemembers Civil Relief Act[fn 5] and he deployed with his Army unit to Iraq.[fn 6]
Originally posted by LurkingRelentlessly
not sure if anybody has already mentioned this or not but the adopting couple paid the mother $10,000 for veronica. thats after already funding the adoption costs on both ends.
follow the $$$ ATS....