Case history Adoptive Couple v. Baby Girl



great seal of cherokee nation


dusten brown member of cherokee nation. brown served in united states army @ fort sill, oklahoma. christina maldonado non-indian single mother of two. brown , maldonado became engaged married in december 2008, , maldonado informed brown pregnant in january 2009. on learning maldonado pregnant, brown began press go ahead , marry him, , refused provide financial support until after 2 had married. in may 2009, maldonado broke off engagement text message , cut communications brown. in june, maldonado sent brown text message asking if rather pay child support or relinquish parental rights. brown responded via text message relinquished rights. no child support order in place @ time. furthermore, while laws vary state state, impossible parent, male or female, surrender parental rights without court hearing determines best interest of child. father cannot terminate parental rights contract, less more informal means (such text message).


a few months prior baby s birth, maldonado began work adoption attorney place child matthew capobianco , melanie duncan capobianco of james island, south carolina. adoptive couple provided financial support maldanado during pregnancy , attended baby girl’s birth, adoptive father cut umbilical cord. although oklahoma law requires indian tribe informed if indian child adopted, maldonado s attorney misspelled brown s name , provided incorrect date of birth. result, tribe not notified proposed adoption. after receiving permission oklahoma authorities, based in part on identification of child hispanic rather native american, capobiancos took child south carolina.


four months after birth of child , days before deployment iraq, brown served notice of proposed adoption. brown signed document, believing relinquishing rights maldonado. brown, once realized had signed, tried retrieve document, , after failed, contacted judge advocate general @ fort sill assistance. 7 days after being notified of proposed adoption capobiancos, brown obtained stay of adoption proceedings under servicemembers civil relief act , deployed army unit iraq.





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