When Dusten Brown, an army soldier from Oklahoma, signed a document in 2009 agreeing to put up his newborn daughter for adoption, he did so without understanding what he was signing. Since then, Brown hired attorneys and fought for his daughter's return.
Under normal circumstances, Brown probably wouldn't have any recourse. But two years later, a South Carolina judge has agreed with his attorneys, who argue the 1978 federal law called the Indian Child Welfare Act applies to Brown's case.
The Act's aim is to "promote the stability and security of Indian tribes and Indian families by the establishment of minimum federal standards to prevent the arbitrary removal of Indian children from their families and tribes and to ensure that measures which prevent the breakup of Indian families are followed in child custody proceedings." Brown is a member of the Cherokee Nation. Last week, the two-year-old girl left the only family she's known when she was handed over to Brown, leading to debates over whether the law was properly applied.
If you're facing a child custody battle, call a Charlotte lawyer with the Law Offices of David P. Sheehan for an assistance. For an consultation, call our offices at (704) 332-5858.
