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Mom Confessions Mom Confessions

Child Returned To Adoptive Family

Anonymous
Posted by Anonymous
  • 121 Replies

Capobiancos Sue Dusten Brown for Nearly Half a Million in Fees

9/25/13

As Matt and Melanie Capobianco took possession of Veronica Brown on Monday night, another court action was brewing behind the scenes. Today, their lawyers in South Carolina are in court seeking fines, attorneys' fees and expenses totaling approximately $500,000 from Dusten Brown.

REALTED: Cherokee Nation Mourns as Veronica Is Returned to Adoptive Family

Brown, a member of the Oklahoma National Guard who served in Iraq, was forced to turn over his biological daughter to them after the failed visitation “negotiations” last week. On the presumption that the couple's attorneys were looking for a set of deep pockets from which to profit, the Cherokee Nation is also named in the action; however, according to tribal attorneys, the tribe is not a part of the contempt order and therefore not obligated to pay the Capobiancos. Additionally, they noted that the Capobiancos have no jurisdiction to sue the tribe and that the Cherokee Nation is protected under the 11th amendment granting them sovereign immunity from civil actions seeking damages and financial compensation.

But for Dusten Brown the suit has potentially devastating consequences. Costs outlined in the contempt action include fines of up to $32,000 a day, in addition to be forced to pay for the Capobiancos' living expenses while in Oklahoma. With a modest income and few assets, friends and insiders acknowledge that he has little chance of ever paying that kind of bill.

“They just took the most precious thing in his life, and now here they are trying to take what's left,” says Shannon Jones, Brown's South Carolina attorney. “Let me tell you, he is devastated right now. He just lost his daughter—probably for good. And here they are kicking this man while he is down. They're not only kicking him, they're trying to destroy his life.”

Jones says that she and the rest of Brown's legal team, including the Supreme Court practitioners, have been working pro bono for Brown for years, because he could not afford to pay them the ever-mounting legal fees in the fight for his daughter. Additionally, it is widely known that the Capobiancos' legal team has also been working pro bono, including Lisa Blatt, who argued their case before the Supreme Court.

The broader message that the Capobiancos and their legal team are sending, however, is to make an example of Dusten Brown and the Cherokee Nation.

“The message here is 'Don't mess with the all-powerful adoption industry, and don't even think about trying to enforce the Indian Child Welfare Act,'” says Jones. “The message is clear that they are trying to threaten and intimidate tribes from attempting to enforce their rights under the law. They're saying, 'This is what's going to happen to you if you try to protect your children.'”

Jones said that the Absentee Shawnee Tribe of Oklahoma has already indicated a reluctance to proceed with litigation on behalf of Baby Deseray, one of their tribal members who is currently living illegally with another adoptive couple in South Carolina, because they are concerned about the potential consequences and financial fall-out from witnessing the tragic course of events in Adoptive Couple v. Baby Girl.

RELATED: Oklahoma Judge Gives Custody of Deseray to Absentee Shawnee Tribe

“I hope that they do proceed because Deseray's case is similar, but we have a different concern as a tribe,” says Jana Snake, the infant's aunt who is a member of the Absentee Shawnee. “We only have 3,900 tribal members left and we are rapidly dying out. Out of all my cousins, we only have one boy to carry on the Snake name. If we lose Deseray, what kind of message does that send to our tribe? We have to fight for her.”

In the meantime, as Dusten Brown reels from the biggest loss in his life, he is confronted with paying again—perhaps for years to come.


 https://indiancountrytodaymedianetwork.com/2013/09/25/capobiancos-sue-dusten-brown-nearly-half-million-fees-151444

Posted by Anonymous on Oct. 3, 2013 at 4:08 AM
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Anonymous
by Anonymous 2 on Oct. 3, 2013 at 4:13 AM
I haven't read a lot about the case, I only heard of it after she was returned to her adoptive family... Why was the girl put up for adoption, and what was the bio father's reason for trying to regain custody after the adoption?
thefiregoddess
by Ruby Member on Oct. 3, 2013 at 4:15 AM
5 moms liked this

They deserve every penny. He should have paid attention and expressed interest in her before she was born, which would have stopped the adoption.

He could have done something in the first years of her life.. but nope. Just suddenly he wants the baby. 

That poor child is forever fucked up because hes selfish.

Anonymous
by Anonymous 3 on Oct. 3, 2013 at 4:18 AM
1 mom liked this

The girl is where she belongs .

Anonymous
by Anonymous 4 on Oct. 3, 2013 at 4:20 AM
2 moms liked this

It was my understanding that the mother never informed him of the birth. He had no idea he even had a child until several years down the road. If that's right, then the bio-mom is to blame for initiating this whole ordeal.

Anonymous
by Anonymous 5 on Oct. 3, 2013 at 4:26 AM
I keep wondering where her ownership is in all this. She seems to have no part of the fiasco at all!


Quoting Anonymous:

It was my understanding that the mother never informed him of the birth. He had no idea he even had a child until several years down the road. If that's right, then the bio-mom is to blame for initiating this whole ordeal.


Anonymous
by Anonymous 3 on Oct. 3, 2013 at 4:28 AM

He knew , and signed over his rights and also through text messages he said he didn't want to do support. He changed his mind after.

Quoting Anonymous:

It was my understanding that the mother never informed him of the birth. He had no idea he even had a child until several years down the road. If that's right, then the bio-mom is to blame for initiating this whole ordeal.


Anonymous
by Anonymous 6 on Oct. 3, 2013 at 4:30 AM

I think the girl belongs with her bio father, if it is true that he didn't know of her existence in the beginning.    Where is the mother in all of this?

AliKatAK47
by Meanie Pants on Oct. 3, 2013 at 11:02 AM
2 moms liked this
I don't understand what happened
Mom2RSD
by on Oct. 3, 2013 at 11:06 AM

I'm so glad that she's back with her adoptive parents; since that is where she started out and they obviously love her a great deal. But I still feel bad for the dad. I hope they allow him to be a part of her life.

Anonymous
by Anonymous 7 on Oct. 3, 2013 at 11:08 AM

Couple adopts baby (adoption was finalized I belive)

Baby is Native american

Father (native american) decides he wants baby (its unclear if he was unaware of her existence)

Baby is given to father because of the Indian Child Act

Adoptive parents sue the dad for custody

Couple wins


Quoting AliKatAK47:

I don't understand what happened



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