Since January James Island couple Matt and Melanie Capobianco had hoped to regain custody of their 2-year-old adopted daughter Veronica, but Thursday South Carolina's Supreme Court ruled against them.

WYFF News4 reports that the court cited the Indian Child Welfare Act in ruling that Veronica's biological father, Dusten Brown - a member of the Cherokee Tribe, be granted custody. Brown had already taken Veronica back to Oklahoma with him in January.

The Capobiancos adopted Veronica after her birth, and Brown had reportedly signed a waiver of parental rights before she was born, but later decided to contest the adoption. Veronica's mother was not a member of a Native American tribe.

The Capobiancos can still seek an appeal to the decision in federal court.