When a person in San Antonio is involved in a child custody battle he or she should know and understand how the law works. There are so many factors that can come into play in a custody battle, and that can have an affect on the outcome.
A decision has been reached in the ongoing custody battle over a 4-year-old Cherokee girl after the Oklahoma Supreme Court turned the child over to her adoptive parents. The girl’s fate was temporarily in question after a court order had left her in the custody of her birth father and his family. However, the Oklahoma Supreme Court ruled that it did not have jurisdiction over the child. That left in place a South Carolina court order that ruled in favor of the adoptive parents.
The girl’s adoptive parents, who are from South Carolina, have fought for custodial rights since she was taken from them when she was just two-years-old. The battle raised several questions regarding jurisdiction, tribal sovereignty and a federal law designed to keep Native American tribes together. With the new ruling the adoptive parents are now free to return to South Carolina with the girl. No details were given as to whether the birth father would have any visitation rights.
Any child custody battle can be a very difficult process, which can even take years to settle. In any one of these cases the best interest of the child should be the number one factor. However, parents can’t always settle the matter themselves, which is why a person in this kind of situation should consider obtaining the help of a child custody attorney.
Source: Yahoo News, “Cherokee child handed over to adoptive parents,” Kristi Eaton, Sep. 23, 2013.