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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Also, I don't think D knew anything about ICWA ahead of time. It was just a means to get custody.[/quote]

I agree with you. But it sounds like at a later point, when he learned about ICWA and learned that his girlfriend gave Veronica up for adoption, he used ICWA as an excuse to justify his absence during the pregnancy - since it's clear from Oklahoma law that fathers must be involved during pregnancy. After the fact and upon learning about ICWA, it's like DB said "see, I didn't have to do anything." [/quote]

To be clear, this adoption would not have been legal under Oklahoma law.  That is to say, even without ICWA if Veronica had been placed in Oklahoma then Brown would have won, because the bar for losing parental rights in Oklahoma is higher.

However, because OK law is a state law, it doesn't apply in SC.  ICWA is a federal law, which is why it was used.

One thing that is not in dispute is that Brown didn't know about the adoption before the day he signed the paper, so it's extremely unlikely that he researched adoption law or used ICWA to guide his actions.

The Capobianco's on the other hand, clearly knew about the adoption before, during, and after, and took advantage of the differences in state law. [/quote]

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