her biological father dusten brown gave up his parental rights but later brown who is cherokee indian law that prevents children from being separated with her family. what was the last thing you said to veronica? >> we told her we loved her, we missed her. i love you, mommy, i love you, daddy. that's the last thing we ever said to her. >> what's been the hardest part of this, melanie? >> not knowing if my daughter is crying out for me and not being able to do anything about it. that was the hardest part. >> reporter: the supreme court ruled that federal law did not apply in this case because brown, quote, abandoned the indian child before birth and never had custody. we sat down with brown shortly after the decision in june. >> to take her from us right now would devastate her. it would ruin her world. >> reporter: since then, a south carolina court has finalized veronica's adoption. and authorities there have charged brown with custodial interference for failing to appear with veronica at a court-ordered meeting a week ago. brown surrendered to oklahoma authorities monday. >> what wo

couple was adopting the little girl when in 2011 the court ruled they had to turn over custody to dusten brownindian child welfare act. the supreme court ruled the act did not apply and sent the case back to south carolina. then a court in south carolina ruled in their favor. >> we want to see resolution for veronica. >> brown hasn't turned over veronica yet, but the cap powe biancos say they're determined to bring veronica home. >> if it takes another week or decade or month, we're not going anywhere. >> reporter: the couple says they're open to some type of arrangement where he could have visitation. >> where we can restore our loving and wonderful family and ensure that arrangements for veronica can include a lifelong relationship with her oklahoma family as well. >> reporter: the capobiancos say the best thing for veronica is to begin the transition sooner rather than later and the longer it lasts, the harder it will be for everyone involved. >> we believe that prolonging this process is not in veronica's best interest whatsoever. so we made the trip to oklahoma to get our daughter. >> tha

veronica was adopted by a family called the capobianco's but when he was 2, her father, dusten brownot custody. this summer, a u.s. supreme court ruling sided with the capobianco's but they don't have veronica back. they entered a mediation agreement but that remains sealed. so we still don't know where veronica will go. i'm joined by attorneys m ivory and tonya miller. good to see you. >> good to be here. >> the u.s. supreme court said the child belongs with the adoptive parents but they're fighting and now a lower court. how can this be? >> we're dealing with two sets of laws and the father, the biological father invoked an indian law that supercedes the state law so at that precise moment in time he went and took custody, physical custody of the child and even though how the supreme court doesn't agree and the state courts don't, he has the physical custody of the child haand that's what that mediation is all about. i'm a little bit concerned about the biological father because, of course, he gave up his rights in the first place and now sort of come back and gotten the support of

the biological mother asked her father, dusten brown for custody.child up for adoption. brown said he never realized that was an option. >> i thought just for her to have full custody. you know, be able to make all the right decisions for my daughter while i was gone. >> reporter: in 2011 a south carolina court decided brown, who was a member of the cherokee nation, should have custody of his daughter under a federal law that aims to keep native american children with their parents. for the last two years veronica has lived with him and his wife robin in oklahoma, but this summer the supreme court weighed in ruling the federal statute did not apply. the south carolina court ordered brown to return veronica to the cap poe beank could hes, but that hasn't happened. in charleston they asked the judge to reconsider. >> he is a loving father. >> reporter: while back in oklahoma governor mary fallon is saying if brown refuses to cooperate she will speed up his extradition to face a charge of custodial interference, a process brown is also fighting. >> i a

. >> dusten brown was freed on $10,000 bond.edy. this little girl spent two years with the copabiancos. it's kind of a no-win situation, yet the little girl is stuck in the middle and the supreme court handed down their decision. this case was litigated already. >> it's gone the extent it's going to go, it appears, in terms of a legal avenue. we were talking while we were watching this piece, there has to be a way for these parents to work it out amongst themselves and think about this little girl. right now, they are tearing her apart. >> i've watched the copabiancas and seems they are willing to do that, figure it out how we can all be involved. in the end of the day the little girl transitions easier. this little girl has gone through this twice. >> i'm an adoptee and know it's later in life about the questions where you come from come up so vividly. they have to handle it right now or she'll always feel she was cheated out of one or both of the families. it's so important. >> she has video to go back and watch to see how thi