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Father of Cherokee girl files new appeal

September 6, 2013

OKLAHOMA CITY (AP) — The father of a Cherokee girl in the middle of a custody dispute has filed a second appeal with the Oklahoma Supreme Court.

Dusten Brown has been fighting a South Carolina couple for years over custody of 3-year-old Veronica.

Brown’s lawyer, Clark Brewster, says the new filing appeals a decision by a Muskogee County judge to hand over Veronica to Matt and Melanie Capobianco.

Brewster says the new appeal should be joined with one filed last week to the Oklahoma Supreme Court. That filing appealed another judge’s order to hand over the girl. The Oklahoma Supreme Court has issued an emergency stay, meaning the girl remains with Brown and his family.

In June, the U.S. Supreme Court said Brown couldn’t use the Indian Child Welfare Act in his custody fight.

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