COLUMBIA, S.C. (AP) - It's now up to a South Carolina judge to consider how to transfer a girl of Cherokee heritage from her biological father in Oklahoma to the couple seeking to adopt her.
Matt and Melanie Capobianco have a hearing scheduled in family court in Charleston on Wednesday.
The couple has been seeking to adopt the now-3-year-old girl since her birth. The girl's biological father challenged the attempt, saying federal law favored the girl being raised by him.
State courts sent the girl to live with her father in Oklahoma in 2011. But earlier this year, with the backing of the U.S. Supreme Court, South Carolina justices ordered a family court to finalize the Capobiancos' adoption.
The biological father wants the U.S. Supreme Court to halt that process.