By Valencia Wicker
CHARLESTON, S.C. (WCIV) -- The hopes of a Lowcountry couple fighting to regain custody of their adoptive daughter have been dashed again.
The South Carolina Supreme Court voted 3-2 to deny the appeal of Matt and Melanie Capobianco in the adoption case of 2-year-old Veronica Rose.
"We were hopeful that one of the justices might have had a change of heart," said Jessica Munday, a spokesperson and family friend.
In January, Veronica was given back to her birth father, Dusten Brown. The state's high court ruled in favor of Brown considering the Indian Child Welfare Act. Brown is a member of the Cherokee nation.
The Indian Child Welfare Act was enacted to keep Native American families together.
"It just constantly feels like blow after blow," Munday said. "At some point you kind of feel like, at some point can something good not happen to this family that never asked for this heartache in the first place."
"No one is disputing the facts around why this Indian Child Welfare Act was established in the first place. There were clearly very unfortunate circumstances taking place on reservations in this country. But, for that recourse on the back of a 2 year old child just doesn't seem fair," said Munday.
Munday says the Capobianco's have 90 days to decide if they want to submit an appeal to the U.S. Supreme Court.