Law | National

Cherokee Nation father out on bond as custody dispute rages

Tuesday, August 13, 2013

South Carolina Gov. Nikki Haley (R) has ordered the arrest of Dusten Brown, a citizen of the Cherokee Nation whose daughter is the subject of an increasingly contentious custody and adoption dispute.

Haley took action after Brown failed to hand over his daughter, Veronica, to a non-Indian couple in South Carolina. Brown was physically unable to comply with a court order because he was in National Guard training in Iowa.

Upon release from his training, Brown immediately returned to Oklahoma and turned himself in to authorities there. He was released on $10,000 bail and is due for a tribal court hearing this morning, according to news reports.

The non-Indian couple, meanwhile, has demanded that Brown's daughter be brought to South Carolina. They have called for intervention by federal authorities and have even called the sheriff in Nowata County, where the Brown family reportedly lives.

"She called me before 8 o'clock this morning, ordering me to arrest Mr. Brown and pick the child up and return her to her," county sheriff James Hallett told News9, referring to Melanie Capobianco, the non-Indian woman.

Hallett, however, said he won't take action without an order from the Oklahoma courts. He also said any attempts by the non-Indian couple to retrieve Brown's daughter will face consequences.

"He'd be kidnapping that little girl and we won't put up with that," Hallett told News9, referring to Matt Capobianco, the non-Indian man.

Haley's extradition request will be sent to Oklahoma Gov. Mary Fallin (R). She expects to receive it today and has 90 days to respond, The Tulsa World reported.

Multiple courts have asserted jurisdiction over Brown's daughter after the U.S. Supreme Court issued its ruling in ruling in Adoptive Couple v. Baby Girl on June 25. The court held that two provisions of Indian Child Welfare Act did not protect Brown's rights.

The South Carolina Supreme Court subsequently authorized the adoption of Brown's daughter to the non-Indian couple. By that time, the Cherokee Nation courts had exercised jurisdiction.