In this case, a dad had to use his Cherokee status and an obscure federal Indian to get his kid back. The Legal Times reports:
The Supreme Court on Friday announced it would review the high-profile 'Baby Veronica' Indian adoption case, a test of the importance of tribal interests in custody disputes.I don't get why the US Supreme Court is considering taking the baby away from her dad. The article goes on to explain that a former Solicitor General is representing the baby, but the she is only 3 years old.
The case of Adoptive Couple v. Baby Girl arises under the federal Indian Child Welfare Act, passed in 1978 to preserve Native American families. It gives top priority to keeping children within Indian families and tribal settings whenever possible in custody disputes.
In the case before the court, Veronica was born in Oklahoma in 2009 to an unwed and separated couple consisting of a non-Indian mother and a Cherokee father. The mother decided to put the child up for adoption, without telling the father. An adoptive couple began raising Veronica in South Carolina, but when the biological father learned of the adoption, he invoked the law to establish custody. The South Carolina Supreme Court, ruling with "heavy heart," said the federal law dictated that the child should be returned to the father. The transfer was made a year ago, with heavy media attention. The case has been discussed on the Dr. Phil and Anderson Cooper talk shows.
Anyway, I guess I am glad to hear the court hear a child custody case, as it usually ignores outrageous denials of fundamental civil rights.