Source: Tulsa World, Okla.迷你倉出租Sept. 14--Baby Veronica will celebrate her fourth birthday with her biological father this weekend after the Oklahoma Supreme Court decided to keep her in the state at least a while longer.Her adoptive parents have been in Oklahoma for weeks, hoping to have court orders enforced to take Veronica back to South Carolina with them.She might ultimately end up there, but the Oklahoma Supreme Court will let an appeals process continue while Veronica stays put.Dated Thursday but not posted on a public docket until Friday, the Supreme Court's order is sealed, and no details were available.But the court left in place a "stay" that effectively keeps Veronica with her biological family for the time being.The court, however, didn't make the stay permanent, apparently leaving open the possibility that it could be lifted before the appeals process plays out entirely.It's not clear how long the appeals might take. Citing a gag order, attorneys on both sides of the case refused to comment.The decision came exactly a month after Matt and Melanie Capobianco arrived in Tulsa hoping to go home with the girl they adopted at birth in 2009.After losing custody in 2011, they had a recent court order from South Carolina that gave them legal custody again.Two district courts in Oklahoma -- one in Nowata County and the other in Muskogee County -- sided with the Capobiancos, ordering the biological father to hand over the girl.Dusten Brown appealed both district court decisions to the Oklahoma Supreme Court, which issued an order Aug. 30 to temporarily block any effort to take Veronica out of the state.The Capobiancos have asked the Supreme Court to lift that temporary order and clear the way for them to take Veronica to South Carolina while the appeals continue in Oklahoma.But the Supreme Court has left the stay in place, at least for now.Brown is facing possible extradition to South Carolina to face a felony complaint of custodial interference, a crime that carries up to five years in prison.His attorneys have said he has broken no law because he was under no obligation to obey the South Carolina court order while appealing the case in Oklahoma.Brown faces an extradition hearing Oct. 3.With most of the records sealed and all of the hearings closed -- not to mention a strict gag order -- it's hard to follow the legal arguments that are being made.Brown's attorneys have said in the past that Veronica herself has a right to have her "best interest" considered before any final custody decision is made.South Carolina courts took legal custody away from Brown this summer without considering what was best for Veronica, they say.The Cherokee Nation will also play a part in the appeals, claiming jurisdiction for tribal courts because both Veronica and her biological father are members of the tribe.Regardless of tribal issues, however, Brown's attorneys have suggested that the adoption didn't follow legal norms, especially because Veronica was taken out of Oklahoma in 2009 without her father's consent or knowledge.Brown has said he was tricked into signing away his parental rights when he thought he was only agreeing to give custody to the birth mother.The Capobiancos arranged a private adoption with Brown's ex-fiancee and came to Oklahoma for Veronica's birth on Sept. 15, 2009.The timing of the adoption could play a big part in the appeals. The original adoption papers were filed in South Carolina on Sept.迷你倉18, 2009, three days after Veronica was born.South Carolina law requires a child to be "present within this state at the time the petition for adoption is filed," according to records from that state.The Capobiancos remained in Oklahoma "about seven days" before taking Veronica home with them, according to court records.Because of a gag order, their attorneys aren't allowed to talk to the media, so it's equally hard to discern what arguments the Capobiancos are making in court.No doubt they will defend South Carolina's jurisdiction over the case, since the custody battle started there.And they can cite the "full faith and credit" clause of the U.S. Constitution, requiring a state to respect judicial proceedings in other states.Turning 4 on Sunday, Veronica has now spent roughly half her life with each family -- the first two years with the Capobiancos in South Carolina and the past two years with Brown and his wife in Nowata, an hour north of Tulsa.Brown challenged the adoption in South Carolina, where the courts gave him custody in December 2011.But the Capobiancos appealed all the way to the U.S. Supreme Court, which ruled this summer that South Carolina had misinterpreted a federal law in its original decision to give custody to Brown.South Carolina then had to reconsider the case but didn't necessarily have to take custody away from Brown.In July, however, the South Carolina Supreme Court gave legal custody back to the Capobiancos.They came to Oklahoma on Aug. 13, vowing not to leave without Veronica.Meanwhile, the Capobiancos have had court-ordered visits with Veronica, but it's not clear how often the visits have happened.Oklahoma courts where the Veronica case has been:1. Nowata County Courthouse: South Carolina's court order to transfer custody had to be "domesticated" by an Oklahoma court, making it enforceable here. The case went to Nowata because Brown and Veronica live there. Decision appealed to Oklahoma Supreme Court.2. Cherokee County Courthouse: With Veronica staying with her grandparents on Cherokee Nation trust land in Tahlequah, the Capobiancos filed a "writ of habeas corpus" to have Brown and his family brought to court. They hoped to get an order to transfer custody immediately but instead got the right to visit Veronica while court hearings continued.3. Sequoyah County Courthouse: Facing a felony warrant for custodial interference in South Carolina, Brown surrendered to authorities in Sequoyah County, apparently because a judge was on duty there to handle the arrangements for bail. Brown faces an extradition hearing Oct. 3.4. Cherokee Nation Courthouse: Before leaving the state for National Guard duty in July, Brown asked a tribal court to grant guardianship of Veronica to her stepmother and paternal grandparents. The Cherokee Nation has asserted jurisdiction because Brown and Veronica are members of the tribe.5. Oklahoma Supreme Court: Brown and the Cherokee Nation are appealing the decision to send Veronica back to South Carolina without a best-interest hearing.6. Muskogee County Courthouse: For reasons not made public, the judge in Cherokee County removed herself from the case, and it was reassigned to a judge in Muskogee. Decision appealed to Oklahoma Supreme Court.Michael Overall 918-581-8383michael.overall@tulsaworld.comCopyright: ___ (c)2013 Tulsa World (Tulsa, Okla.) Visit Tulsa World (Tulsa, Okla.) at .tulsaworld.com Distributed by MCT Information Services儲存倉
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