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Forum Home - Go Back > General > Native Life > Native Issues Cherokee father wins custody: July 26,2012 Cherokee father wins custody: July 26,2012

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Old 08-02-2012, 11:29 AM   #1
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Cherokee father wins custody: July 26,2012

I know I read about this on a thread on here some place but can't seem to find it:

South Carolina Supreme Court Awards Cherokee Father Custody
July 26, 2012

TAHLEQUAH, Okla. — A Cherokee father will retain custody of his 2-year-old daughter, thanks to a South Carolina Supreme Court decision handed down Thursday.

In a 3-2 decision, the justices ruled that the Indian Child Welfare Act, a federal law designed to keep Native American children with their tribes, supersedes state adoption laws.

“We’re very pleased with the results,” Cherokee Nation Attorney General Todd Hembree said. “This is a victory not only for the Cherokee baby and her father, but for all of Indian Country. The Cherokee Nation has done a great job to ensure the Indian Child Welfare Act is enforced to preserve Indian families.”

The Adoptive Couple vs. Baby Girl, Birth Father and Cherokee Nation case stems from a baby born in Oklahoma to unwed parents. The father, a Cherokee Nation citizen who served in Operation Iraqi Freedom, was unaware the mother had put the baby up for adoption until after she was adopted by a South Carolina couple who fought to keep her.

The Cherokee Nation will not release the identity of the father and child.

“We respect the father and child’s right to privacy,” Hembree said. “It’s our hope that the adoptive parents do not pursue the matter to the U.S. Supreme Court.”
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Old 08-02-2012, 02:27 PM   #2
3 down and 1 to go! lol
 
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That's so awesome. I remember that thread, but I'm to lazy to go find it...I'm glad he got his daughter back.
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Old 08-02-2012, 02:56 PM   #3
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Old 08-02-2012, 04:02 PM   #4
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Nice to know there are still happy endings in the world. :)
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Old 08-05-2012, 12:43 AM   #5
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Nice to know there are still happy endings in the world. :)
It's not a happy ending: a young child was just taken from a stable home and a perfectly viable set of parents (who did nothing wrong) to be placed with someone who paid so little attention to her -- yes, he was overseas -- he had no idea she had been placed via adoption?

Somehow, I'll need more information to blindly support ICWA on this one.

Were I the SC couple, I'm kicking the case upstairs.
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