Adoptive Parents Fight for Custody of Child 2009 South CarolinaAn adoptive couple is fighting for the custody of their adoptive son after the biological father came forward to retain custody of the child. The birthmother signed the petition for adoption while she was pregnant. The child was placed in the home of Matt and Melanie Capobianco. The child was taken out of the home after the biological father came forward demanding the return of his son. The child is of Indian heritage. The Indian Child Welfare Act passed in 1978 stipulates that it is in the best interest of the children if Indian children reman with their Indian parents. The child is now in the custody of her birthfather in Oklahoma. The custody battle is ongoing.