Records: Dusten Brown files to stop handover of Veronica


NOWATA, Okla. (WCIV) -- The biological father of a 3-year-old girl battling for custody with the girl's adoptive parents filed an order with the Oklahoma Supreme Court Friday afternoon to stop the girl's handover.

According to online court records in Oklahoma, Dusten Brown filed a write of prohibition with the Oklahoma Supreme Court. The move came hours after he and the adoptive couple, Matt and Melanie Capobianco, convened in a Nowata County courthouse.

According to reports from Tulsa World, 3-year-old Veronica was ordered to be handed over to the Capobiancos Friday afternoon. Brown's writ stopped that order. ABC News 4 has not confirmed that information independently.

The Capobiancos' spokeswoman, Jessica Munday, declined to comment on the development in the case. The Charleston County Sheriff's Office also declined to comment on the case Friday evening.

The Oklahoma Supreme Court will not hear the case until at least Tuesday because of the Labor Day weekend. When they do convene, they, much like the South Carolina Supreme Court did in the case earlier, will decide whether to uphold the ruling of the lower court or allow the two sides to file arguments and hear the case.

ABCNews4 is working to gather more information on what the recent filing means for the Capobianos and Brown.



Matt and Melanie Capobianco, the James Island couple who are fighting to regain custody of their 3-year-old adoptive daughter, spent about an hour with Dusten Brown, 3-year-old Veronica's biological father, in a Nowata County courthouse.

Tulsa-based FOX affiliate KOKI said both sides entered different meeting rooms in the courthouse. The Browns were in their meeting room for about 30 minutes and left. About 45 minutes later, FOX23 reported, the Capobiancos left.

Neither side spoke on the day's events.

A day earlier, deputies from Charleston County as well as a State Law Enforcement Division officer flew to Oklahoma to assist with the pending hearings. Local officials have not said in what form that assistance will be.

The Capobiancos and Brown arrived at the courthouse in Nowata County shortly before 10 a.m. EST. Before the hearing began, the judge presiding over the hearing refused entry to media.

There is also no information on the focus of Friday's hearing.

The Capobiancos have been in Oklahoma for two weeks in an effort to force court hearings and regain custody of their daughter. They have met with Veronica once in that time.{}

SPECIAL SECTION: Following the 'Adoptive Couple v. Baby Girl' case

Brown and the Cherokee Nation have been battling South Carolina's order to hand Veronica over to the Capobiancos since the South Carolina Supreme Court directed a Charleston family court to finalize the adoption.

Before Monday, Brown told a Tulsa newspaper that he would comply with court orders.

Brown gained custody of Veronica after the South Carolina Supreme Court ruled that he had a prevailing right to claim custody based on the Indian Child Welfare Act. She was removed from the Capobiancos' James Island home on Dec. 31, 2011.

Since then, she has been living in Oklahoma while her adoptive parents and birth mother fight to regain custody.

The U.S. Supreme Court in June ruled that Brown's ICWA-based argument was in error and ordered the lower court that had initially sided with him to reconsider their ruling without the consideration of the child protection law.

That's when the state Supreme Court decided that the Capobiancos should have custody of Veronica and urged family court to make final their adoption request.

Veronica turns 4 on Sept. 15.