Indian welfare laws that recently placed the custody of a two year old little girl with her biological father and removed her from her adoptive home, is being challenged by the adoptive parents, as reported by News on 6 and other sites, including the parent’s own online campaign.
The child, Veronica, was born in Bartlesville, OK, where her biological father resides, and was raised with her adoptive parents in their home in South Carolina.
Court records show that the biological father, D.B., was not married to the child’s mother, and had never seen her until he was granted custody.
The adoptive parents are Matt and Melanie C. Ever since the C.’s adopted Veronica they have been in court trying to maintain custody. Melanie said, “A big fear...the biggest fear that we have” was the possibility of loosing the child this far along in the adoption process.
The internet campaign, aimed at returning Veronica to her adoptive parents, is targeting a law that was the deal breaker in the custody battle – an Indian welfare law.
The attorney general’s office of the Cherokee nation filed a gag order in the case. They also filed a motion to have the judge’s final order publicly released.
The biological father is Cherokee and is therefore protected by Indian welfare laws. The law required that the adoptive parents give up their child, which they did on New Year’s Eve when they handed Veronica over to authorities that would bring her to D.B.
D.B. later met Veronica in a lawyer’s office.
Matt C. said, “It's awful. Everybody keeps saying how bad they feel for us but, she's a 2-year-old girl who got shoved in a truck and driven to Oklahoma with strangers.”
Melanie C. added, “Matt said when we had to do the transfer, it was like he was failing her as a father. To send her off with people that she didn't know what she must think of us. She just had this, in my mind, really confused look on her face. But I'll always remember her crying after us when we had to walk out of that office and leave her there.”
The C.’s are planning on going back to court to fight for Veronica’s return.
The adoption was an open one, with the biological mother, C.M., having opportunities to visit Veronica. With the change in custody, C.M. is unsure of what her rights to visitation will be.
The assistant attorney general who represented the Cherokee Nation in the case, Chrissi Ross Nimmo, released a statement on behalf of the Cherokee Nation, below is an excerpt:
"As a matter of law and policy, the Cherokee Nation's attorney general's office generally does not comment on juvenile cases due to their sensitive nature and confidential information…I ask that all parties involved in the matter respect the confidential nature of these juvenile court proceedings…”
Contact a family law attorney if you are facing a custody battle, whether your are fighting for your rights as an adoptive parent or as a biological one.