They have his biological daughter. Now Dusten Brown is being sued by the Capobianco's for more than $1 million in legal fees and other expenses in the Baby Veronica case.
The lawsuit, filed in Oklahoma, is in addition to court action in South Carolina already underway to recover possibly hundreds of thousands of dollars from Brown.
Court documents KRMG was able to obtain show the Capobiancos believe they are entitled to the money since they won.
The Capobiancos used four different law firms who racked up more than 2,100 hours working on the case. That totals $1,028,796.50 plus $6,535.27 in other fees.
The little girl, known as Baby Veronica, was handed over to her adoptive parents, the Capobiancos, in late September. Dusten Brown announced a few weeks later that he will stop the legal battle to regain custody of his biological daughter.
Brown and his daughter are part Cherokee, and the Cherokee Nation weighed in many times on the legal battle between Brown and he Capobiancos.
Lori Alvino McGill, one of the attorneys for the Capobiancos points out that Brown and the Cherokee Nation could have avoided any legal bills from the Capobiancos if they had followed the South Carolina court's orders from the begining. McGill says, " If Brown and CNO had followed the law on August 5 -- as every court (including the Oklahoma courts) has ruled he should have done -- our enforcement fees/expenses would have been exactly $0."
McGill tells KRMG that Brown and the Cherokee Nation knowingly exposed themselves to liability. McGill says, "The choice was theirs, not ours. I assure you this family and the legal team would have preferred to collect $0 if they could have avoided the 7 painful weeks in Oklahoma and instead had the peaceful transition that was ordered by the courts to begin on August 5. "
The legal team for the Capobiancos worked "pro bono" meaning they did not charge for their services. McGill says that, under the Uniform Child Custody Jurisdiction and Enforcement Act, attorneys are entitled to recoup their fees and expenses associated with successfully enforcing a custody order.