Couple forced to turn over 2-year-old to biological father

By: Haley Hernandez | WCBD
Published: December 31, 2011

Matt and Melanie Capobianco clutched to two-year-old Veronica. For the past two years they've worked to finalize her adoption and as they walked through the streets of downtown Saturday, they knew it was their last few moments before being forced to hand her over to her biological father during a 30-minute transition.

“I didn't feel like we had enough time for her to be not afraid when,” Melanie said. “To her they're complete strangers and I can't imagine that she's not going to be terrified.”

Veronica's biological father is part of the Cherokee Nation, a Native American tribe. Although the Capobianco's said he waived his right to contest her adoption, he now wants custody of Veronica.

According to the Capobianco's, the Cherokee Nation attorney said because of the Indian Child Welfare Act, a law from 1978 that states Native American children should stay with native families, Veronica should be turned over to her birth father.

This law has been used unjustly, Melanie said. “The Indian Child Welfare act is just destroying families like ours,” Matt Capobianco said.

After months of appeals and requests for emergency stays a judge ruled in favor of the biological father and the Cherokee Nation. The Capobianco's had to hand Veronica over to her biological father and move to Oklahoma.

As her biological father and grandmother were leaving Charleston with the child they said they believed taking her was in Veronica’s best interest.

According to a friend of the Capobianco’s and psychologist, the quick transition from one family to another could traumatize the child's development.

She's going to have a lot of anxiety, she's going to be very fearful, she's going to wonder where her parents are and she's not going to have the cognitive capacity at her age or communication skills to know how to cope with it, Cynthia Cupit Swenson said.

Veronica's Charleston family started a website, saveveronica.com, with a list of details on their case and a petition that demands the judge's ruling be overturned.