Give it up, Tammy, you've lost...28-27.
25 U.S.C. § 1913(a). Moreover, a parent may withdraw his or her consent "for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the child shall be returned to the parent." Id. § 1913(c).
It is undisputed that the only consent document Father ever signed was a one-page "Acceptance of Service" stating he was not contesting the adoption, which was purportedly presented for Father's signature as a prerequisite to the service of a summons and complaint. Thus, Appellants did not follow the clear procedural directives of section 1913(a) in obtaining Father's consent. Moreover, even if this "consent" was valid under the statute, then Father's subsequent legal campaign to obtain custody of Baby Girl has rendered any such consent withdrawn. Therefore, neither Father's signature on the "Acceptance of Service" document, nor his stated intentions to relinquish his rights, were effectual forms of voluntary consent under the ICWA.
The father never gave his consent to the adoption he did not give up his rights.
My question is why don't the Capobianco's get their lawyer to get social services to do the right thing and look for another child? Social Services AND their lawyer dropped the ball on this by not knowing the law! I agree that the child should be with her biological father but I don't agree with making this man go through hell for it! They should put that energy into making the ones who dropped the ball in this pay!
^^^^LOL is all that is worth saying to you. Google yourself MJW, you will see all kinds of interesting FACTS about yourself. Your seriously disturbed SICKO.
Poor poor Tammy. So out of touch with reality. Its seriously shocking SVR's child marrying pervert hacker buddy hasnt set her right on all this. Hes "investigated" everyone else that supports the browns and looked through all their pictures and personal accounts. I dont know what kind of wanna be "Indian" things you do crazy chick but reading it in a book and then "schooling" us really dont count. LMAO.
Wow...you guys are still commenting on this article?
OK...well, I guess I'll SPAM things up with a comment I recently posted on another article:
"There are a few corrections which need to be made here in order to halt the promotion of inaccurate information about the case you referenced in your article, which is being incorrectly put forth as truth in just about every article or interview I've seen on the subject, the first of which is this:
Ronnie Brown is NOT Matt and Melanie Capobianco's adopted daughter. She NEVER has been and she NEVER will be. She was NOT legally adopted by them or anyone else. The proposed adoption was properly DENIED by the Honorable Deborah Malphrus (Charleston County Family Court judge) on November 25, 2011, long before the case ever got to the Supreme Court of South Carolina, who properly upheld the ruling of the trial court.
This is absolute FACT and is a matter of public record.
She has been with her father and her family, where she belongs, for almost the past year and is doing just fine there. She is loved and well taken care of, and doesn't even recognize the Capobianco's in pictures she has been shown.
The entire premise which these people have been using, in order to pull the proverbial wool over the collective eyes of the unsuspecting public, to every microphone or camera shoved in their faces, is that "these poor, poor, good people have had "their" child "stolen" from them by some deadbeat Indian...along with a little help from the "racist" United States Congress, who passed this "racist and antiquated" law.
(That reminds me. Who else among society...except these people and their supporters...think that the notion of protecting your children, your relationship with them, and your respective relationships with your people is "antiquated" or "racist"?)
This is NOT their little girl. They simply want what they want, and are willing to put this man, HIS little girl, and their entire family through hell, for as long as it takes, to take her away from her father so they can have her for themselves.
This case is about nothing, if not their pure selfishness.
It certainly isn't about any failure of the law. Had the law been followed from the very beginning of the case, none of this would have ever happened. The problem is that these people attempted to CIRCUMVENT the law...and THEY GOT CAUGHT. As a direct result, they lost in the family court, they lost in the South Carolina Supreme Court, and they will lose in the United States Supreme Court, if the Court will even Review the case, which I seriously doubt.
I'm not trying to be disrespectful to you at all, but I feel very strongly that these inaccurate statements in ALL of these articles need to be corrected in the interest of justice. Please post my comments so that people who are interested in this case will be exposed to the truth, and not just the incorrect information which is continuously being put forth as "truth", without any evidence to back it up."
^^^LOL I would rather be an "idiot" as you claim than a Child Molester like (MJW). LOL that is all I have to say to you as you are so NOT worth ANYONES time. And if you wish I could school you on many tribal traditions such as Sundances, sweats, handgames and arrow tournament, all of which I am sure you NEVER have participated in. Now who's the apple, rotten one at that?
He's her father. He didn't want her adopted. She probably would have had less emotional scars if her adoptive family had let her go four months in, rather than drag it on relentlessly. I think they're ridiculous for letting it drag on and on and on and on and on and...
Your an IDIOT. a disgrace to all Indigenous people. Do us a favor and quit saying your one. Because all you are is a big ole APPLE. You should find a hole and bury yourself.
Bradley Bigot.You hide behind some username so i guess your a fake azz to. All you are is an undercover racist slime ball saying your out to help little children. In reality your out to make it easier to buy Indigenous babies. Anywho
Little Star was never ADOPTED. get it right Allyson. After 10mts you should quit the pity train. people know the real story. We all know your buddies with the spokeswoman "Ruin my day" She needs to get a life and move on. All this media is putting Ronnie in danger. SVR crazies have threatened to take her back for the C's. So what does SVR do with this info? down play it and say its made up. WOW. Thats real cool. Same with the rock that was thrown through Dusty's older Daughters window. They like to put her picture on trash cans in nasty truck stops and rest areas so more pycho's see her pretty face. Come on now is that really safe? these people are obsessed and dont care about this little girls safety. DUSTY and his FAMILy do and they won't speak to the press.
I just have to add this.
looks like their 20 some thousand supporters dont care to buy their junk on that dumb auction they are having using DUSTY's child to try and make money to pay off their own debt from trying to steal DUSTY's baby. its probably the main losers that are buying the stuff to make it look good. HAHAHA!! Too funny. All the begging and they still have to buy all that crap themselves because people are finally being told the truth and know its wrong to USE someones elses CHILD to profit off. LITTLE STAR isnt their child and its disgusting to use her little face to beg for money. Thankfully she is home safe with her DADDY and new MOMMY where she is kept from the public. I hope one day her NEW MOMMY will adopt her.. :) Her Older Sister will be so happy knowing she is never going anywhere again. Best wishes and all the happiness in the world to the Brown Family.
Paulius, lol well I do agree considering my last comment was a stab at Mr. Usry, but everything else I said was not because most of my information was backed up with articles and legal experience. So, you're basically just trying to drag out an argument that has nothing to do with the article. Nice try though, darling. thanks for joining in! :)
LMAO! @ Jason Usry! you, sir just proved my point. You cannot produce any substantial information other than your own biased opinions! She was "taken from her parents" huh?! Really? Really??? Yeah, I guess I do have to agree with you on that one...
She was taken away by the Capobiancos- illegally! That is the point of what went wrong! The Capobiancos are essentially kidnappers! I have already stated my point and the point of this case a gazillion times and I feel that as of now, restating it would be unnecessary.
In any event, you just dont want to see the Capobianco's fault and you want to blame the Native guy and his tribe. Why? Because he is American Indian and anything that pertains to American Indian is what you will see as a threat, regardless, because we do not fit your perfect picture of how the "AMERICAN DREAM" should be. Am I right? i am right! You will never admit that though because, with the way the world has changed so drastically in the last 100 years with Obama becoming the first black president, etc, you do not want to be accused of being racist! But, you sir have clearly proven that you are indeed a racist!
ICWA is not racist because it is a law that was passed by a certain group of people intended to help a different group of people. I am not racist, but I guess in YOUR case, I very well could make an exception because I fight fire with fire, and I will not allow you to continue thinking that it is okay to make bigoted, baseless statements about articles that involve the subject of race or law- especially because you lack any constructive research or open-mindness to back any of it up!
Okay, my stomach is damn near torn apart because of all the laughter from reading such idiotic opinions. Your logic makes hardly any sense to me, but I guess that is what slapstick humor has evolved into now... loser-jk :D
Julian Winnfield, what you are now trying to say you did not post this statement on another post about this case: "Julian Winnfield:Tell you what...you people stop stealing our children and I'll stop being hateful...deal?"(I copied and pasted it for you to help jog your memory). If so I think you are the one that is drunk.
The fact remains that this tragedy never would have happened if Mr. Brown had stepped up to begin with, paid his child support, and offered to support Veronica and her mother. Instead he acted like a typical sperm donor, gave up custody of Veronica to avoid paying child support, and then emotionally traumatized her by yanking her from the only parents she had ever known.
The fact remains that if it weren't for the fact that Mr. Brown has Native American blood, he would be just another deadbeat dad who gave up his daughter and has no further legal access to her. Nobody but Native Americans can get away with what he got away with. He doesn't love his daughter. A man who loves his daughter would never give up custody to avoid paying child support.
I cannot imagine the horror that little girl experienced when she was taken from her parents on New Year's Day by complete strangers. It must have felt like a kidnapping to her. Of course, not that it matters to Mr. Brown, his attorneys, his tribe, or his defenders. They got what they wanted, and it came at the expense of a 2-year-old girl and her rightful parents. Bully for them.
Nevermind! scratch out the last 3 sentences I said because I will admit that they have absolutley NOTHING to do with the point I was trying to make. If they cared about her best interest, why won't they allow her to just live in peace and accept that fact that Dusten reclaimed what was rightfully and biologically his all along? It is as though they hold some vendetta against him for making an effort to step up to his responsibilities as the rightful father. Since abandonment is exempt, explain that reason and that reason alone why Dusten is not the rightful father when he has her living with him now! Produce something else to argue with on that fact alone- the difference between Dusten Brown and the Capobiancos other than biased opinion based on a one-sided story you read. No stupidity. go ahead... I DARE YOU!
I like how mostly everyone who continues to rally the Capobiancos is failing to produce documented info to back up ALL of their biased opinons :) Awesome job guys! I would encourage u to keep it up, but stupidity should never be condoned.
It amazes me, however, that whenever someone like Julian, Paula, Dara or Monica are able to produce substantial arguments with credible sources to back up their added info and reasoning, YOU PEOPLE (as in Capobianco supporters) counter with the same stupid remarks that were found to already prove you wrong or you find some sneaky way to start a whole new argument that has absolutely NOTHING to do with the fact that Mr. Brown went back to reclaim Ronnie (Thanks for making that correction, Julian).
Is there something wrong with a man wanting his biological daughter back? And yet, he is held accountable for why he never had her in the first place when the article is only told through the Capobianco perspective. And when we try to tell you you are wrong with pre-mentioned facts from the article, you turn around and scream "racism". Seriously people? YOU PEOPLE have made the judgements that are the most biased and racist than any of our statements have been. MOST (as in, NOT ALL) of you come from a long line of brutal racism. Has that not been made clear? or do you want to still continue denying that fact in order to procure more undercover racist words and actions?
Seriously Debra? "Every child should have the opportunity for a stable loving home regardless of race...(blah blah blah blah blah)" That was pure undercover racism! How the hell do you figure that Mr. Brown is not providing stability or love for Ronnie just because he wasn't caring for her from the beginning? How the hell do you figure the Capobiancos are suitable parents? Just because they mention all her toys and sit and pose for the camera with their sad faces and their portrait of a sketched "Veronica"? Is that picture the only reason to base your close-minded opinion that these people actually cared about her "best interest"? My ex-stepmother bought me toys when she first married my dad. She had all her family buy us toys for xmas and birthdays and would pose happy with us in family pictures... and then 5 years later, she's screaming at me in a kmart telling me to stay away from HER child and to stop confusing her with a family she has no knowledge of or even remembers. That's where I will base my own judgement of the Capobiancos "sad story" is my own experience rather than biased opinion!
Read the Supreme Court document the father didn't give up his rights, he and his family tried to see the mother and give her things but she refused them.
Oh, and one final thing before I turn in for the night:
Why are you STILL having auctions and otherwise raising funds for your little crusade to steal this man's child...WHEN MS. BLATT HAS AGREED TO TAKE YOUR CASE PRO BONO?
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