SC couple hasn't seen adopted Cherokee daughter in custody dispute

A South Carolina couple said Thursday they've yet to meet or talk to their 3-year-old adopted daughter or her biological father, despite their pleas and an ultimatum from Oklahoma Gov. Mary Fallin.

Matt and Melanie Capobianco went to Oklahoma from their home in South Carolina on Tuesday hoping to see 3-year-old Veronica. The girl has been at the center of an adoption dispute involving the couple and her biological father, Dusten Brown, who is a member of the Cherokee Nation.

"As legal discussions between our attorneys continue regarding physical custody of our daughter, we have not yet seen her nor have we been informed of her whereabouts," the couple said in a statement released early Thursday. "Although we have not personally heard from Dusten, we plan to continue pursuing the option of facilitation aside from ongoing legal actions."

Brown's lawyer, Robert Nigh, told the Associated Press that lawyers from both sides have started talks to come to a "mutually agreeable" resolution.

But no meeting has taken place between the parties. At the moment Victoria remains in the custody of Dusten Brown’s wife and paternal grandparents, where she enjoys practicing her reading skills and playing outside, according to the court-appointed lawyer who is looking out for her best interests.

The dispute over custody centers around tribal sovereignty, jurisdictions and a federal law designed to help keep Native American tribes together -- the Indian Child Welfare Act, established in 1978 in response to high rates of Native American children being adopted by non-Native families.

In June the Supreme Court said that provisions of the act, which would favor Brown, didn't apply in the case, and a South Carolina court granted the couple custody on July 31.

South Carolina authorities charged Brown with custodial interference when he failed to show up to a court-ordered meeting in the state last weekend.

Following the Capobiancos' news conference in Tulsa Wednesday, Fallin said the couple has a right to meet with Veronica and a right to find a compromise with Brown. The governor said if Brown is unwilling to cooperate, she can send him to South Carolina to face the charge.

Fallin had earlier said she would wait until an Oklahoma court hearing next month to make a decision on the extradition request.

"The way we see this, it is a painful dispute over custody and not through our own choice the governor's office was placed in the middle of it, because Gov. Fallin has to make a decision on whether to sign this extradition order," said Fallin spokesman Alex Weintz. "Gov. Fallin is trying to play a constructive role."

Al Jazeera and Associated Press