Cherokee Nation claims immunity against lawsuit

Child custody dispute now about money


The Cherokee Nation is claiming it would be inappropriate for Baby Veronica's adopted parents to seek legal fees that total more than $1 million dollars.

Federal and South Carolina state law gives the tribe sovereign immunity. That condition would not apply to the biological father, Dusten Brown who fought a custody battle to keep her in Oklahoma.

After hiring expensive attorneys, Matt and Melanie Capobianco of Charleston, was awarded custody of the 4 year old. Now, the couple has filed a motion to collect the $1 million dollars in attorneys' fees from Brown and his tribe. A judge in Nowata County, OK will likely have a hear the issue, but no court date has been set.