Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, January 19, 2012

Child Custody Battle under Indian Child Welfare Act


Lowcountry couple with a Midlands connection is working to get back the little girl they adopted two years ago, after a judge granted custody to the biological father under the Indian Child Welfare Act.

"I'll always remember her crying when we had to - we had to walk out of that office and leave her there," says Melanie Capobianco. Two years ago, she and her husband Matt first helped to welcome Veronica into the world.

According to their website, her birth mother selected the Charleston couple to adopt her and they remain close. They also say her birth father signed a document saying he wouldn't contest the adoption. But after a court battle, Veronica's birth father claimed custody under the Indian Child Welfare Act of 1978.

Read more here.


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A child sustody battle under the guidance of ICWA can get messy.

Posted by: Tulsa Divorce Attorneys | Jan 19, 2012 4:53:46 PM

Well the biological father still have the right but since you legally adopted her maybe yo need to asked for an appeal and consider your battle custody for the child you take cared for two years.

Posted by: uk immigration lawyer | Jan 31, 2012 12:39:41 AM

Will my name is John G Cupis Jr.I come frome a tribe called. Pascua Yaqui Tribe. I have tree son's one stay with me and the other two dont and i am going to custody battle and with one of thir parent.

Posted by: John G Cupis | Mar 27, 2012 4:09:36 PM

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