The Norman Transcript

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September 4, 2013

Cherokee girl’s case goes to Okla. Supreme Court

(Continued)

OKLAHOMA CITY —

A South Carolina family court judge then ruled in July that custody be awarded to the Capobiancos and ordered Brown to hand Veronica over. Brown refused, and South Carolina authorities charged Brown with custodial interference after he failed to show up to a court-ordered meeting.

But the biological father has argued that since Veronica has lived in Oklahoma for nearly two years, it would be particularly damaging to the girl to remove her to South Carolina.

The Capobiancos counter that South Carolina courts should determine the girl’s future because that’s where the girl was when the custody fight started. Online court records show that the Capobiancos have filed a motion to vacate the stay issued Friday.

A call to Brown’s lawyer was not returned Tuesday, and a spokeswoman for the Capobiancos said she could not comment because of the gag order.

The dispute has raised questions about jurisdictions, tribal sovereignty and the federal law meant to help keep Native American tribes together. Veronica’s birth mother is not Native American.

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Follow Kristi Eaton on Twitter at http://twitter.com/kristieaton

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