Baby Veronica Custody Battle Finally Decided In Favor Of Adoptive Parents [VIDEO]; "Safely In Her Parents' Arms"; Cherokee Infant Custody Dispute Involved Legal Status Under Indian Child Welfare Act

Baby Veronica custody battle finally decided!  Baby Veronica is a Cherokee infant who was raised by adoptive parents until she was taken away at 27 months due to laws surrounding Native American affairs.  

The adoptive parents, a South Carolina couple, vowed last month to not leave Oklahoma unless they went home with baby Veronica, a 4-year-old Cherokee girl. They have been trying to adopt since her birth.  They were given custody of the girl Monday night after the Oklahoma Supreme Court said it didn't have jurisdiction over the child.

Jessica Munday, a spokeswoman for Matt and Melanie Capobianco, the adoptive parents, said: "She's safely in her parents' arms," adding "It was smooth. There wasn't any danger. ... Hopefully everyone can focus on healing now."

The Capobiancos and the girl's biological father, Dusten Brown fought for years over custody of Baby Veronica. The dispute has revolved around questions about jurisdictions, tribal sovereignty and a federal law meant to help keep Native American tribes together.

Baby Veronica's  biological father is a member of the Cherokee Nation, although biological mother in not Native American.  She had lived with the Capobiancos from birth until she was 27 months old, when Brown was awarded custody under the Indian Child Welfare Act. 

Watch Baby Veronica Custody Battle Video Here:  

Brown and his family claim the Indian Child Welfare Act mandates that the child be raised within the Cherokee Nation. The law was passed in 1978 with the intent of reducing the high rates of Native American children being adopted by non-Native American families.

A U.S. Supreme Court decision later went against Brown, and a South Carolina court finalized the Capobiancos' adoption of the girl earlier this year. Brown then turned to Oklahoma's courts to continue to Baby Veronica custody battle.

It is not known if there were any conditions attached to the Capobiancos gaining custody of Baby Veronica, such as whether Brown would be allowed to visit the girl. 

Cherokee National Attorney General Todd Hembree said in a statement: "Dusten Brown was just as brave today as we he was when he fought for our country in Iraq.  Although this is not something any parent should ever have to do, we could not be more proud of the dignity and courage with which he carried himself."

Hembree added that Baby Veronica will always be a Cherokee citizen.  He is hopeful that "the Capobiancos honor their word that Dusten will be allowed to remain an important part of Veronica's life."

Munday said she was not sure when Capobiancos planned to return to South Carolina with Veronica, but said she felt they were now free to do that at any time. She said Veronica has spent some time with the couple recently and did remember them.

"It was smooth. There wasn't any danger. ... Hopefully everyone can focus on healing now," said Munday, a friend of the family.

The Oklahoma Supreme Court had halted the girl's transfer to the Capobiancos while it considered the case, later bowing out for jurisdictional reasons. The court did not explain its decision to lift its stay Monday.

The National Indian Child Welfare Association put out a statement saying it was saddened by the events.  Terry Cross, the executive director of the group, said: "The legal system has failed this child and American Indians as well. Our prayers are with everyone concerned, but most of all with Veronica."

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