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Custody dispute resolved with Supreme Court ruling

Some of the most challenging legal matters a divorcing couple in Ohio encounters are likely to be child custody. Issues with custody, however, are not limited to divorcing couples. When the biological parents of a child place the child up for adoption, the biological and adoptive parents may also experience child custody issues.

A child who was born to a non-Native American mother four years ago was placed with adoptive parents from South Carolina directly after the mother gave birth to the baby. The child lived with the couple for 27 months, but under the Indian Child Welfare Act, the biological father, a member of the Cherokee Nation, regained custody and she began living with him and his family. The South Carolina couple has been trying to adopt the now 4-year-old child since she was returned to her father.

The U.S. Supreme Court recently ruled against the custody claim the biological father held on the child. This action allowed the couple to finalize the adoption of the girl, who was then returned to the couple. The father and his wife packed clothing and toys for the girl before an attorney representing the Cherokee Nation delivered her to her adoptive parents. It is unknown if he was awarded visitation rights.

Custody and child support issues can be among the most challenging legal matters divorcing couples, adoptive and biological parents face. Keeping the best interest of the child involved is important. When people experience these issues, it may be wise to seek the advice of an experienced attorney.

Source: Yahoo! News, “Cherokee child handed over to adoptive parents,” Kristi Eaton, Sep. 24, 2013

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