Cherokee Nation Asks For Rehearing In Baby Veronica Case

An Oklahoma father is begging the South Carolina Supreme Court to reconsider his daughter's adoption case.

Dusten Brown is fighting to keep his 3-year-old after the court sided with the family trying to adopt her. Monday, Brown asked for a new hearing to determine what's in Veronica's best interest.

Hugging his daughter goodbye at dawn, Dusten Brown left for National Guard training the same day he requested a new hearing for his little girl. He's asking the South Carolina Supreme Court to reconsider its decision that would force him to send Veronica back to Matt and Melanie Capobianco.

"She is so important to our family and I just worry about her welfare," said Veronica's grandmother, Dusten's mother, Alice.

Alice and Tommy Brown are sharing temporary guardianship of Veronica with Dusten's wife while he's away at training.

"If they would tell us to stand on our head, we would, because this is her life. We've got to keep her," Alice said.

Dusten Brown is asking the South Carolina Supreme Court to suspend its ruling, which speeds up Matt and Melanie Capobianco's adoption of Veronica.The couple raised the girl for the first two years of her life.

Brown and the Cherokee Nation are also asking for a hearing to determine Veronica's best interests, which the court did not do before making its decision last week.

The Cherokee Nation says, two years ago, the South Carolina Supreme Court and Family Courts held best interest hearings and determined Veronica should be with her father.

6/25/2013 Related Story: Supreme Court Rules Indian Child Welfare Act Does Not Apply In Adoption Case

"Whatever factors went into that decision almost two years ago are obviously much, much stronger today, after she's been with her dad almost 19 months," said Chrissi Nimmo, Assistant Attorney General for the Cherokee Nation.

Three national native organizations are watching this very closely and are threatening to sue.

During a conference call,  the Native American Rights Fund, National Congress of American Indians and the National Indian Child Welfare Association said it is unconscionable the South Carolina Supreme Court failed to hold a best interest hearing before it issued its order July 17, finalizing Matt and Melanie Capobianco's adoption of 3-year-old Veronica.

They say South Carolina is violating Veronica's civil rights if it doesn't hold a hearing to discuss what's best for her.

7/17/2013 Related Story: South Carolina Court Orders Baby Veronica Returned To Adoptive Parents

"Aside from the provisions of the Indian Child Welfare Act, aside from what the rights of the father may be, even aside from the rights of what the adoptive couple may be in this case, there needs to be a hearing," said Richard Guest, with the Native American Rights Fund.

The three advocacy groups all expect the South Carolina Supreme Court to deny the new petitions.

The Capobiancos tell us, "Veronica's best interest is our top priority. Everything we do is motivated by our love for her. We are committed to making Veronica's transition sensitive and gradual."

It's unclear when the South Carolina Supreme Court will rule on Monday's petitions.