Veronica’s Birth Mom Drops Challenge to Indian Child Welfare Act - ABC 33/40 - Birmingham News, Weather, Sports

Veronica’s Birth Mom Drops Challenge to Indian Child Welfare Act

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Baby Veronica’s birth mother has dropped her challenge to the Indian Child Welfare Act.

The Act was at the center of a custody battle between Dusten Brown, a Cherokee nation member, and Matt and Melanie Capobianco of South Carolina.

Brown won custody of Veronica under the Indian Child Welfare Act when his daughter was 2 from Veronica’s adoptive parents, Matt and Melanie Capobianco of South Carolina.

The U.S. Supreme Court later ruled that law didn't apply in this case, and the Capobianco's were finalized as her adoptive parents in the summer of 2013.

Veronica’s birth mother, Christinna Maldonado filed a suit in federal court in July 2013 challenging the law, but never followed through in delivering the complaint to the defendants. The case was never heard in court and has been dismissed.

Cherokee Nation Assistant Attorney General Chrissi Nimmo issued a statement saying “Cherokee Nation (nor any of the other defendants) was never served with the complaint Maldonado, et al v. Holder, et al., so we had not actively followed the suit. As such, Cherokee Nation was not served a copy the Notice of Dismissal and were unaware that the case had been closed until last week. We are pleased Ms. Maldonado and the unnamed plaintiffs voluntary dismissed the suit. We never believed the suit had any merit and we're prepared to actively defend the suit had we ever been served. “

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