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Kittredge https://www.refurbishedmobilephonesi.com/, joined by Justice Kaye G. Hearn, dissented.[38] The opinion decided three issues: First, whether the Capobiancos had improperly removed the child from Oklahoma; second, whether state law or the ICWA is determinative of Brown’s status as a parent; and third, whether the Capobiancos met their burden of proof to terminate the parental rights of Brown.[35]Toal noted that the Capobiancos were correct that the removal of the child from Oklahoma did not create an unsafe environment for the child, but they were incorrect on the legal issue. Had Oklahoma been properly notified that this was an Indian child, the Cherokee Nation would have been alerted, and the child’s interests as a member of the tribe would have been protected.[39] She noted that at this point, the case was properly before the court, and proceeded to address the second issue.[40]The Capobiancos argued that it takes more than mere biology to invoke the provisions of the ICWA, and under South Carolina law, a father must not only reside with the mother for the six month period preceding the birth of the child but also contribute to pregnancy related expenses in order to have paternity rights.[41] However, the Court determined that the ICWA does not defer to state law, and the trial court properly determined that the ICWA grants Indian fathers greater rights than state law.[42]Toal then turned to the last issue, the trial court’s refusal to terminate Brown’s parental rights.

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