Father of child in custody dispute arrested
The biological father of a Native American child at the heart of a href="/Child-Custody-Visitation/">child custody dispute was arrested Monday after defying a court order to return the girl to her adoptive parents -- this coming as the latest development in a four-year case that has spanned state lines and tested federal law.
The adoptive parents, who are a white couple from South Carolina, legally adopted the little girl at birth in September 2009. When the child's father who is a member of the Cherokee Nation learned of her adoption a month later, he asserted his custody rights under the Indian Child Welfare Act, which set off a lengthy legal fight.
A family court judge ruled in the father's favor in late 2011, who soon after took his daughter back. At that time, the adoptive parents set off on a courtroom battle to have the girl returned. Since then, the U.S. Supreme Court has been continually burdened with this case. It wasn't until after South Carolina's Supreme Court ruled last month to allow the adoption to be finalized, that the U.S. Supreme Court refused to intervene, giving the ultimate go-ahead for the adoptive parents to regain custody of the little girl.
n Baby Veronica custody battle
However, as the girl's transition back to the adoptive parents was supposed to begin last week, the biological father never showed up with his daughter. A South Carolina family court judge ordered the girl to be handed over immediately, with the warning that she was "unlawfully withheld from her lawful parents." Following that, the Charleston County Sheriff's Office issued a warrant for the father for interfering with custody.
The father was arrested Monday in his home state of Oklahoma after turning himself in. He posted a $10,000 bond, according to the Charleston County Sheriff's Office and a spokeswoman for the Cherokee Nation District Court. However, it still isn't clear where the father and his daughter are.
Charleston County authorities said they are in touch with Oklahoma officials about extraditing the biological father "as well as pursuing all available options in locating (the little girl)."
Child custody cases can be extremely complicated and stressful, leading parents, whether they be biological or adoptive, into scenarios that can have legal implications. Be sure to select the right child custody attorney to ensure whatever actions taken in a custody case are fair and legal.
Source: CNN, "Birth father arrested in 'Baby Veronica' adoption fight" Melissa Gray, Aug. 13, 2013
Since 1980 the AV-rated law firm of HALE BALL MURPHY, PLC has served the legal needs of individuals and businesses. Our team of attorneys include lawyers named to Super Lawyer and Rising Star lists, as well as attorneys with advanced legal degrees, specialty certifications and lawyers who teach their areas of practice to other lawyers.
Use the contact form on this page to schedule a consultation, or call 703-591-4900.
The transmission and receipt of information contained on this website, in whole or in part, or communication with the HALE BALL MURPHY, PLC via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient.
10511 Judicial Dr
Fairfax, VA 22030
We will use the information you provide on this form to connect and schedule a consultation with you to go over your legal needs. The transmission and receipt of information contained on this website, in whole or in part, or communication with the HALE BALL MURPHY, PLC via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient.