Baby Veronica: court awards custody to adoptive parents

[HairOfTheDog]

The birth parents:
Veronica's birth mother, Christy Maldonado, had two other children when she gave birth to Veronica.


Christy Maldonado and Veronica

Veronica's father is a member of the Cherokee Nation. His name is Dusten Brown.

Dusten had relinquished rights to Veronica and did not want to pay child support. Christy (who is not Indian) decided to give Veronica up for adoption because she says she wanted the girl to have a better life.

The adoptive parents:
The couple who ended up adopting Veronica were Melanie and Matt Capobianco, a childless couple from South Carolina. The couple had Veronica for two years.


Melanie and Matt Capobianco and Veronica

The legal battle for Veronica:
Dusten contested the adoption even though he'd previously relinquished his parental rights. He was able to challenge the adoption legally on the grounds that his tribe had not been notified, which the federal Indian Child Welfare Act requires.

Veronica is ³⁄₂₅₆ Cherokee. The Indian Child Welfare Act, passed by Congress in 1978 established that it was best to keep Native children with their families or, short of that, within their tribe to preserve their culture.

Dusten (well, the tribe) won custody in a lower court. Dusten had Veronica for two years and reportedly refused to let her see the Capobiancos during that time.


Dusten Brown and Veronica

The Capobiancos, in turn, trashed Dusten publicly. Veronica's birth mom, Christy, sided with the Capobiancos and stood by her decision that they were best qualified to give Veronica a better life.

In June, the U.S. Supreme Court ruled that the Indian Child Welfare law did not apply in Veronica's case, in part because her birth parents were not married and also because Dusten never had custody.

But Brown refused to hand over Veronica and the girl remained with the Cherokee Nation in Oklahoma until the Oklahoma Supreme Court weighed in on Monday. Hours later, she was placed back with the Capobiancos in South Carolina.

Cherokee Nation officials said on Tuesday that Brown would have to decide whether to continue to pursue his adoption challenge, which is still being appealed.
=====================================================

Thanks, Adub, for bringing up the case of Baby Veronica in another thread. I haven't followed the case closely, but have followed the major developments. Hope you weigh in and add or correct anything to my summary.

It's an interesting case which brings up questions about the rights of adoptive parents, the rights of birth fathers, the application of tribal laws to preserve cultural identity...

Personally, I hope the adults in this case can gain some maturity and unselfishness. If they can establish some good guidelines and put Veronica's interests first, maybe all of the adults who love her can have a place in Veronica's life without her winding up feeling like a pawn who's not sure where she belongs. It's not unheard of for birth parents to be allowed access and visitation by the adoptive parents.


Thoughts and Opinions?

[Cheyne]

Veronica should never have been given to her "father" in the first place. Bio dad signed away his parental rights. Veronica was adopted and became the child of Matt and Melanie in every sense of the word. A child is not a toy or possession that is passed around from home to home.

The "Indian" angle is pure smoke and mirrors. ³⁄₂₅₆ is not "Indian". I am ¹⁄₈ Winnebego (Ho-Chunk Nation) which isn't enough to qualify as "Indian" with the US government, much less the local tribe.

The Father's Rights people were out in force for this case IMO. I am happy that Matt, Melanie and Veronica have been reunited and hope they are able to stay together as a family.

[username]

Two years with her adoptive parents and two with bio dad who wouldn't let her see the adoptive parents. That poor kid.

[Adub]

Baby Veronica is the victim of an aggressive adoption attorney. His name is Raymond Godwin. And he is crafty. I am flabbergasted at how many appeals that Godwin has used in situations just like Baby Veronica.

The parental rights law in South Carolina states that a unwed father looses his parental rights if has not lived with the child for 6 months and/or provided support. Godwin tells the mothers to cut-off contact with the fathers and not to accept any money. Godwin's wife runs the adoption agency that Maldonado used to hook up with the Capobiancas. And he is the attorney for her adoption agency. It's a racket.

That's not nice. Baby Veronica has a father that wants her. She should have never been put up for adoption. And, Dusten never signed over his parental rights. SCOTUS ruled that Dusten Brown did not meet the definition of a parent.

I don't what the hell happened with SCOTUS, but they got this one wrong.

[username]

Wow, Adub. That adds a whole different spin to the story. Question though. During the first two years of her life (or so), did Dusten make any attempts to claim parental rights or otherwise try to see his daughter? Did he dispute that adoption earlier on at all?

I fault him if he sat on his heels for a couple of years and suddenly decided "hey, I want my kid".

[HairOfTheDog]

My understanding is that Dusten did sign away his parental rights, but he claims he didn't know what he was signing.

This is his side of the story from July of this year, in his own words. It's very self-serving (and may be a completely true and accurate depiction, or mostly spin, or somewhere in the middle...only he knows what was in his mind).

By Dusten Brown
My daughter Veronica is a happy, bouncy, joyful and much-loved child. She is not a baby anymore. She's a little girl who looks forward to running to greet me when I get home from work, to riding with her papa on his tractor and eating her grandmother's good cooking. She has a big sister she looks up to and adores.

I am not a perfect person. I am a just a regular guy who goes to work every day to support his family and serves in our Army. More than anything, I am like any father who will do everything to make sure my children are loved, provided for, and protected. Like any father, my children are my world. Like any father, I want what is best for my daughter.

All last year, I tried to abide by the court order we were all under to not speak publicly on this case. I understood that it was put in place to protect my daughter's privacy. To me, she was more important than getting into a public battle, even if it meant not defending myself against all the dishonest things reported about me.

So much has been said about me and the time surrounding my daughter's birth. I know it's impossible to try to answer every false detail put out there, but here is the truth: My world was ripped apart when Veronica's birth mother, Christy, ended our engagement suddenly and shut me out of her life forever.

In December 2008, I got down on one knee and proposed to the love of my life. She accepted with joy. It seemed like one week we were planning a big, outside wedding and celebrating ecstatically the news of our pregnancy, and the next I was receiving a phone call from Christy saying she didn't know how she was going to pay her bills and she was stressed. I told her I had money saved and not to worry and asked her what she needed. I remember specifically that it shocked me when she told me no, that she had "a plan." Still, I knew that my military benefits would provide the medical and financial support she needed, so I did everything I could to push the wedding date up.

Always in the back of my mind I was concerned about going to Iraq. I knew there was a possibility that I might not come home. I pushed for marriage because I needed to know they would be OK if something happened to me. She said no. She told me to stop calling her and stop texting her.

But I called. I texted. I begged. I pleaded. I drove four hours and knocked at my ex-fiancée's door, praying she would answer. I had offered financial support, military benefits, everything I had. When I was told no, I foolishly tried to go along with whatever she asked me to, hoping she would see how willing I was to do whatever it took.

When I did finally hear from her, she started texting me, asking me to sign my parental rights over to her. Every day for a month and a half I got a text asking me that same question. It was a horrible feeling, watching myself being shut off from the woman and daughter I loved so much. I knew I didn't have a chance to fight her for custody because I was about to leave for Iraq for a year. So after weeks of texts, I said I would sign my rights over, thinking I was agreeing for her to have full custody and she would let me see my daughter.

I still tried to contact Christy in the hopes that she would change her mind about marrying me. After Veronica was born, I tried to contact Christy as did my mother and father wanting to bring gifts we had purchased for Veronica. Still, no answer, no response. My mother told me that maybe I should just give Christy some space. That maybe in time she would come back to me. So I stopped calling Christy, stopped begging her to marry me.

It was painful and confusing. That whole time I did not know why Veronica's birth mother wanted me out of her life. That whole time I didn't know about all of the conversations that had been going on with the adoption agency. I didn't know financial arrangements were being made. I didn't know that the couple who wanted to adopt my daughter had been told I would give up my rights, that I was a deadbeat dad, that I would not pay child support.

Here is the truth: I am not a deadbeat dad. I did not abandon my daughter. I did not wait to "step up to the plate" until Veronica was 4 months old. I have been at the plate since I rejoiced at the news my fiancée was pregnant. I did not change my mind about how involved I wanted to be with Veronica. I have loved her and wanted her since the moment I knew she was to be my daughter.

My life was turned upside down when I was served with the adoption papers. Stupidly, I thought they were papers doing what we had texted about, giving Christy full custody while I was gone. It was literally the moment I finished signing that the server told me, "You just gave up your baby." I tried to grab the papers from his hand and he told me if I took them I would go to jail. I hired an attorney right away and gave my father power of attorney to fight for custody of Veronica while I was off at war.

Ever since that day I have been in a legal battle for the right to raise my daughter. Ever since that day I have seen horrible things written about me. I have seen how the public has come to terrible conclusions about me. I've accepted that people will do and say anything to win custody of Veronica. But what I can't accept is that the courts would allow these lies to sway their decisions. Somewhere in their rush to punish me for what they mistakenly think I've done, they stopped talking about what is best for my daughter.

The recent decision from the South Carolina Supreme Court has devastated my family. I cannot accept a decision that refuses to even consider what is best for my child. It should never be about what adults want and need; it has to be about Veronica. The Supreme Court has ruled that Veronica's interests don't matter. As a father who wants to protect his daughter, I cannot accept that.

I love my daughter with every fiber of being and I will do whatever is necessary to ensure that Veronica's interests are given the highest priority as they should be. I will admit that I made mistakes, but not supporting my unborn child and her mother was never my intent. I loved them both and would have done anything for them. I will never stop fighting for my daughter, ever.

My home is simple, but along with my beautiful wife, Robin, who Veronica calls "Mommy," we have made it full of love. My family is not rich, but we are happy. I make sure Veronica's days begin and end the same way every day, with me telling her that her daddy loves her, has always loved her, and will never stop loving her.`

[Adub]

Wow, Adub. That adds a whole different spin to the story. Question though. During the first two years of her life (or so), did Dusten make any attempts to claim parental rights or otherwise try to see his daughter? Did he dispute that adoption earlier on at all?

I fault him if he sat on his heels for a couple of years and suddenly decided "hey, I want my kid".

Dusten was on active military duty, stationed about 4 hours away from his home when Maldonado told him she was pregnant. He wanted to get married, she said no. From what I have read, Maldonado told him to sign over his parental rights to her since he was going to Afghan. He agreed to, but never did.

When Veronica was 4 months old he got a summons and complaint paper to sign, he did, thinking he was giving his parental rights to the mom, Maldonado. It was at that time that he found out that Maldonado had given the baby up for adoption. He immediately reacted, even tho he was scheduled to leave for Afghan in 4 days. The timing sucked. He had to go, so he turned to his parents and the Cherokee Nation to fight for his baby while he was overseas.

So, at that time, if not before, the Capos knew that Dusten wanted to raise his child, and that the birth mom had lied. Dusten Brown's fight to get his daughter back started when the baby was only four-months-old.

[Adub]

My understanding is that Dusten did sign away his parental rights, but he claims he didn't know what he was signing.

This is his side of the story from July of this year, in his own words. It's very self-serving (and may be a completely true and accurate depiction, or mostly spin, or somewhere in the middle...only he knows what was in his mind).

Well, I hadn't read this yet, thanks. Mostly what I know comes from a few select court transcripts, the rulings from the Supreme Court of South Carolina, and SCOTUS.

What turned me against the Capos is the number of cases on appeal, just like Veronica, that their adoption attorney has initiated. His appeals against unwed fathers date back almost a decade. That is just wrong. And he wins eventually. After the baby has been bounced back and forth. Baby Veronica was not Godwin's first SCOTUS rodeo.

Always the same story from the attorney; the father had no contact with the expecting mom and refused to offer any support.

Always the same story from the fathers; my girlfriend told me to get lost.

[HairOfTheDog]

So, at that time, if not before, the Capos knew that Dusten wanted to raise his child, and that the birth mom had lied. Dusten Brown's fight to get his daughter back started when the baby was only four-months-old.

I wonder if the Capos believed that Dusten wanted to raise his child and that Christy lied, or if they instead think that Christy is/was telling the truth and that Dusten only wanted to be part of Veronica's life if he and Christy were married (but changed his tune once the paperwork was signed).

Anyway, here's the letter that Christy wrote to the Washington Post on July 12^th of this year (which prompted the press letter/response that Dusten released, posted upthread).

Baby Veronica belongs with her adoptive parents
By Christy Maldonado

In the summer of 2009, I made the most difficult decision of my life: to place my baby, Veronica Rose, with adoptive parents. Many know her as “Baby Girl” or “Baby Veronica” because her adoptive parents and I fought all the way to the Supreme Court for Veronica’s right to be treated like a human being — not property owned by a Native American tribe.

I am Latina and not a member of any tribe. When I became pregnant, I was already a single mother with two children, in a relationship that was on the rocks. I thought hard about my options and decided I could not have an abortion. I was briefly engaged to Veronica’s biological father, who is a member of the Cherokee Nation, but our relationship was over by my third trimester.

When I asked my ex whether he wanted to be involved, he told me, by text message, that he wanted to give up all parental rights. And that was the last I heard from him. It was clear that my pregnancy and my baby were my responsibility.

I wasn’t sure I could go through with an adoption. I reviewed dozens of files before I found Matt and Melanie Capobianco. They lived in South Carolina, farther away than some couples I considered, but I immediately felt a connection. I could tell they were people of strong faith, like me. They had a great support system of family and friends and had tried for years to have children. From our first conversation, Melanie treated me with such warmth, respect and kindness. She also welcomed an open adoption that would allow me to be a part of my child’s life.

Matt and Melanie were with me in the delivery room, where I otherwise would have been alone. Matt cut the umbilical cord and was the first to hold Veronica. After a few days, Veronica went home with them.

Veronica’s biological father was out of the picture. He did not ask after her or even whether she had been born healthy. But after he got the adoption papers, he objected. His lawyers said that I could not choose my baby’s parents because he was a Cherokee and that either he would take custody or my baby would go to another member of the tribe. I could not believe that, after disappearing on us, he was trying to derail the family I had worked hard to give to my daughter. Why should a man who said he wanted no responsibility for his baby have more rights than I did just because he belonged to a tribe?

For 27 months, I watched Veronica grow and thrive with Matt and Melanie. I got regular updates, talked to her on the phone and watched her open presents at Christmas. They are wonderful parents, and I felt proud of the decision I had made for my child. But after more than two years in her happy home, a court ruled that my choice meant nothing.

I will never forget the night Matt and Melanie had to turn Veronica over to her biological father: He put Veronica in his truck, drove her to Oklahoma and never looked back. The next day, he let her have one brief phone call with her parents. Then nothing. Matt, Melanie and I have not seen or talked to our daughter in 18 months. My heart aches for her every day.

The Supreme Court ruled last month that this never should have happened. Some people have asked whether I think Veronica should still be raised by the adoptive parents I chose or, at this point, stay with her biological father. This question surprises me. I handpicked this couple to raise my baby in an open adoption with me. We are a family. They were there for me — and, more importantly, for Veronica — when Veronica’s biological father was not. I saw how deeply they cared for Veronica and how happy she was with them.

Veronica’s biological father abruptly cut her off from the only family she had ever known. It pains me to think of how many times she must have cried out for her Mama and Daddy — Melanie and Matt. No parent could possibly think it was okay to rip her away from them or to shut us all out of her life. If my baby had been kidnapped by a stranger, no one would suggest that she should be left with the kidnapper just because time had passed, even if she seemed to be doing all right in her new home.

Veronica should be returned to the parents I chose for her. Young children are resilient — as I was told when lawyers were arguing that her 27 months with Matt and Melanie, and my decision, were irrelevant. Veronica is bright and opinionated and was already talking a mile a minute at age 2. She surely remembers Matt and Melanie as her parents, and I know they will respect the time that she has spent with her biological father. Veronica, Matt and Melanie have been apart for too long. I may not be her Mama, but I will not stop fighting for what is best for her.

[HairOfTheDog]

What's Next?

It's not clear if Dusten plans to keep fighting legally, or to try to work out some visitation with the Capobiancos, or what.

Here's the statement that he released on Friday 9 / 27 through the Cherokee Nation:

“The last few days without Veronica in our home have been more painful than words can describe. We are heartbroken at the loss of our daughter.

I moved heaven and earth for two years to bring Veronica home to her family where she belongs. And when I finally picked her up for the journey back to Oklahoma two years ago, we looked into each other's eyes and it was like we had always been together. That bond was instantaneous, and nothing can break it. Veronica is my child, my flesh and blood, and I love her more than life itself.

And to our daughter, Veronica – Mommy and Daddy love you and miss you so much, and we cannot wait until we see you again. We will see you again.” – Dusten and Robin Brown

[Adub]

Christy Maldonado was paid to give her baby to the Capos. They paid her rent, her bills, bought her groceries, gave her gifts, and got her a new vehicle. She does not have custody of her two older girls. They live with their father's parents and she has to pay support.

All of this info was from court testimony from 2011 when the court stated that Maldonado was a liar (my word, not theirs). And, ruled that the father's parental rights had never been signed away and ordered Baby Veronica to be given to her father.

[Tammy75]

The couple was not married; therefore he was not the legal father. Something similar happened in our family. My 2 brothers and sister was dropped off at our house when I was 5. They were 4, 3 and six months. One bioparent agreed to give them up and the other didn't. It almost bankrupt my family fighting this until finally one judge told the bioparent that *wanted* them that she was on her own to provide with no government assistance.

Wonder how much assistance the biofather is getting from the government, be it the Indian nation or the US government?

[Adub]

The couple was not married; therefore he was not the legal father. Something similar happened in our family. My 2 brothers and sister was dropped off at our house when I was 5. They were 4, 3 and six months. One bioparent agreed to give them up and the other didn't. It almost bankrupt my family fighting this until finally one judge told the bioparent that *wanted* them that she was on her own to provide with no government assistance.

Wonder how much assistance the biofather is getting from the government, be it the Indian nation or the US government?

You are questioning whether Dusten Brown has a financial motive to want his daughter? Like he saw his daughter as meal ticket? The only one that got a meal ticket out of the birth of Baby Veronica is Christy Maldonado. She received upwards of $20,000 in compensation from the Capos.

Besides all that, no Judge has the power to make the ruling that you said. A judge can't tell anyone that they no longer qualify for government assistance, that is a bullshit story. Try a gain.

[Adub]

Veronica should never have been given to her "father" in the first place. Bio dad signed away his parental rights. Veronica was adopted and became the child of Matt and Melanie in every sense of the word. A child is not a toy or possession that is passed around from home to home.

The "Indian" angle is pure smoke and mirrors. ³⁄₂₅₆ is not "Indian". I am ¹⁄₈ Winnebego (Ho-Chunk Nation) which isn't enough to qualify as "Indian" with the US government, much less the local tribe.

The Father's Rights people were out in force for this case IMO. I am happy that Matt, Melanie and Veronica have been reunited and hope they are able to stay together as a family.

The baby should never been put up for adoption in the first place. Maldonado was found to be not credible. She lied in order get money from the adoption agency and the Capos.

The amount of Indian blood that one has running thru their veins has nothing to do with it. Dusten Brown is a citizen of the Cherokee Nation. Regardless. And that is a fact. Percentage does not matter.

The Capos should have backed off when Dusten Brown came forward and said that he wanted to parent his child. Immediately. Adoption is the answer when children have no family to care for them.

God Damn! I always seem to be on the loosing end of this shit!

RIP Trayvon

[Tammy75]

Abud, this happened almost 33 yrs ago. It is a totally different world now than back then. No PC crap to not offend anyone.

My Mother went back to school after this court battle and retired from law enforcement as a Detective Lieutenant after earning Juvenile Officer of the Year 4 yrs in a row. Her main goal was to protect other families, especially children from the heartache our family went through by getting it right the first time. I found the court transcripts when I was around 25 so I know what went on in the court. Fact in this case, he was not the legal father. The biomother likely did screw him over but he was not around for 2 yrs.

Not that I give a rat's arse what YOU think, but for you to know the court system and what happened this long ago is totally amazing .

[Adub]

I just know that a judge has no say over social services. Other than to rule that someone abused the system. Then the system sanctions the individual. Then and now.


In the baby veronica case? Christy Maldonado contacted the adoption agency 4 months before the baby was born. No excuse for her not to tell the father that she was going the adoption route. None at all. Except that she might loose the big pay out of selling her baby to the Capos.

[HairOfTheDog]

In the baby veronica case? Christy Maldonado contacted the adoption agency 4 months before the baby was born. No excuse for her not to tell the father that she was going the adoption route. None at all. Except that she might loose the big pay out of selling her baby to the Capos.

I think that Dusten Brown made mistakes. Even in his public letter that he released back in July, he seems, to me, to have been more concerned with getting Christy to marry him than with the upcoming birth of his child and making sure that he and his family were in the picture. He'd known Christy for a long time; he knew her circumstances with her ex-husband and two kids.

Dusten should have asked Christy about "the plan" in regards to their child; the plan that he admits she referenced in their communications prior to Veronica's birth. And, he shouldn't have signed anything, no matter what, without reading and understanding it - especially in regards to his child.

Having said that, I agree that Christy should have been straight-forward and given the bio-dad and his family a chance to consider taking custody before going through the adoption process (irregardless of the fact that bio-dad is Cherokee), unless she had reason to fear for the baby's safety and well-being with that family - which doesn't appear to be the case.

IMO, Christy likely wanted it all and felt entitled to it. She didn't want to raise Veronica. She didn't want to pay child support to another ex. But, she did want to be able to see Veronica and be part of her life at her convenience. And, she did want to make money off the deal. She got all of that in the open adoption arrangement with the Capobiancos.

I don't know how I feel about the Capobiancos. I can see them believing Christy's self-serving accounts and wanting that baby so badly that Dusten's mistakes were exaggerated in their minds. I understand them loving her right off the bat and feeling like her parents. But, if I were Melanie Capobianco and there was nothing dangerous about Dusten and his family, I think I'd have backed off when it was clear early on that he really wanted to raise his daughter and that he really loved her.

As for the adoption agency and its lawyer, it's a for-profit business. Their tactics may be seedy, but those tactics wouldn't work without bio-parents who are willing to deceive each other and I don't see where they did anything illegal.

P.s. I understand the Capos are now trying to sue Dusten and the Cherokee Nation for their court costs. The saga continues...

[sally]

The Capos are dicks. The birth father loves his child and wants to keep her, it's his right. Go find another kid to adopt, infertile freaks.

[Duchess]

I don't agree with open adoption. I think it's asking for trouble. I'd always be scared the birth mother would return and want her baby back, even if she couldn't take it legally she could make problems in other ways.

This birth dad sounds like he loves his daughter & wants to raise her. Actually, both the parents sound pretty fuckin' sincere.

[sally]

Paying some stupid pregnant bitch a bunch of money, being in the delivery room to cut the cord and then allowing an open adoption is asking for trouble. There are thousands of unwanted abused children, why not just adopt one of them.