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Okla. justices to hear Cherokee girl custody case

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September 13, 2013 05:30 PM EST | AP

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OKLAHOMA CITY — The Oklahoma Supreme Court has agreed to hear a case involving the custody dispute over a 3-year-old Cherokee girl.

Dusten Brown of Oklahoma has for years been fighting a South Carolina couple, Matt and Melanie Capobianco, over custody of Veronica, who turns 4 on Sunday.

An online docket listing says the court has been assigned the case. No timeframe was given.

In June, the U.S. Supreme Court said Brown, a member of the Cherokee Nation, couldn't use the Indian Child Welfare Act in his fight.

A South Carolina court then finalized Veronica's adoption by the Capobiancos. Two Oklahoma courts have certified the adoption order, but Brown appealed to the state Supreme Court.

The Oklahoma Supreme Court has issued an emergency stay, meaning the girl remains with Brown and his family.