Attorneys For Both Sides In Discussions About 'Baby Veronica'

Matt and Melanie Capobianco, the adoptive parents, said the biological father still hasn't allowed them to visit the girl and won't tell them her whereabouts.<br />

Thursday, August 15th 2013, 10:59 am

By: News On 6

Attorneys For Both Sides In Discussions About 'Baby Veronica'

The adoptive parents of Baby Veronica say discussions are being held between their attorneys and those of the biological father.

However, they said in a statement, they still have not been granted a visit with the 3-year-old girl.

Matt and Melanie Capobianco traveled from their home outside Charleston, S.C., and held a news conference in Tulsa on Wednesday to plead biological father, Nowata's Dusten Brown, to adhere to a South Carolina court decision naming them as Veronica's parents.

"As legal discussions between our attorneys continue regarding physical custody of our daughter, we have not yet seen her nor have we been informed of her whereabouts," a statement said. "Although we have not personally heard from Dusten, we plan to continue pursuing the option of facilitation aside from ongoing legal actions. We are extremely grateful for Governor Fallin's concern regarding this matter and remain hopeful that we will see Veronica today."

Veronica's adoption was finalized in South Carolina on July 31 and the U.S. Supreme Court upheld the ruling on Aug. 2.

Brown was ordered by the South Carolina court on Aug. 6 to immediately transfer custody of the girl after he missed a court-ordered visitation and failed to send a proxy in his place while he was at National Guard training in Iowa. The visitation was part of a seven-day transition plan, but it was tossed out after Veronica wasn't brought to the first visit.

A warrant was issued for Brown's arrest on Saturday for felony "custodial interference." Brown turned himself in to Sequoyah County authorities on Monday and was released on bond. He refused extradition unless ordered by Oklahoma authorities.

South Carolina Gov. Nikki Haley has asked Oklahoma Gov. Mary Fallin to sign a rendition request, sending Brown to South Carolina to face charges for not transferring custody of Veronica to the Capobiancos as ordered by a judge.

Fallin initially said she would give Brown until Sept. 12, allowing him a chance to fight the legality of his arrest before ruling on the request.

After hearing Brown denied what the Governor called a "reasonable request" from the Capobiancos to visit their adopted daughter on Wednesday, Fallin said she would have no trouble speeding up extradition.

"Mr. and Mrs. Capobianco deserve an opportunity to meet with their adopted daughter," Fallin said. "They also deserve the chance to meet with Mr. Brown and put an end to this conflict… If Mr. Brown is unwilling to cooperate with these reasonable expectations, then I will be forced to expedite his extradition request and let the issue be settled in court."

Talks between attorneys began after Fallin released her statement.

Brown has lobbied for custody based on the Indian Child Welfare Act and said it favors him raising Veronica because he is a member of the Cherokee Nation.

The Capobiancos were present at Veronica's birth and raised her for two years. The South Carolina Supreme Court ordered them to turn her over to Brown in January 2011, citing ICWA.

The U.S. Supreme Court overturned that decision and said Brown was not entitled to custody of the child based on ICWA. According to the majority opinion, because the biological father didn't seek custody of Veronica until several months after her birth and didn't support the mother in utero, the law doesn't apply in the case.

South Carolina then finalized the adoption, and a final plea by Brown to the U.S. Supreme Court was denied.

Brown has argued he deserves a chance to be heard by Oklahoma and tribal courts.