Veronica, a beautiful 4 year old girl, was the subject of a long drawn out high profile custody litigation between her Native American father and the parents who adopted her. The Capobiancos adopted Veronica at the time of her birth in 2009. Since then they have been involved in litigation over custody of Veronica with Mr. Brown, her Native American father from Oklahoma. Mr. Brown is a registered member of the Cherokee tribe. To set aside the adoption of his daughter, he relied on the Indian Child Welfare Act for purposes of regaining custody.
In 2011, a Family Court Judge had ruled in Mr. Brown’s favor. At that time, he picked up his daughter and brought her back to Oklahoma with him. Since then the Capobiancos had litigated to have Veronica returned to them. They argued under Federal Law an unwed biological father does not qualify as a parent. In June of 2013, the United States Supreme Court ruled in favor of the Capobiancos. After the ruling, the Capobiancos requested Brown return Veronica to them. He refused.
Brown Relents and Returns Veronica to Her Adoptive Parents
In late September 2013, Mr. Brown agreed to return Veronica to the Capobiancos. Upon his returning Veronica to the Capobiancos, the Cherokee Nation Attorney General made a statement praising Mr. Brown for the “peaceful and dignified” return of Veronica to her adoptive parents. He further went to say Veronica would “always be a Cherokee. Although this is not something any parent should ever have to do, we could not be more proud of the dignity and courage for which [Brown] carried himself.”
Veronica now resides with her adoptive parents.
Elliot S. Schlissel, Esq. represents clients in divorce and family court proceedings throughout the metropolitan New York area.