COLUMBIA, S.C. —
“We think the Supreme Court plainly contemplated an expeditious resolution of this case, and we believe the facts of this case require it,” the South Carolina high court wrote, ordering a Family Court to finalize the Capobiancos’ adoption and to terminate Brown’s parental rights. “There is absolutely no need to compound any suffering that Baby Girl may experience through continued litigation.”
Earlier this month, Brown filed a petition to adopt the child in Oklahoma.
“As you can imagine, we are shocked and saddened at this development,” John S. Nichols, a South Carolina-based attorney for Brown, wrote in an email. “There is no mention, or apparent consideration, in the majority decision of the child’s best interest, as the dissenters point out.”
Separately, Justices Costa Pleicones and Don Beatty wrote that, while the case’s details should be hammered out in Family Court, the transfer of the girl should be handled delicately so as to be least disruptive to her.
“The majority orders the immediate transfer of the child, no longer an infant or toddler, upon the filing of the family court’s adoption order, without regard to whether such an abrupt transfer would be in the child’s best interest,” the two justices wrote. “This is a situation where the decisions that are in the best interests of this child, given all that has happened in her short life, must be sorted out in the lower court(s).”
Any parties that want the court to rehear the case have five days to make that request.