An Oklahoma man who is seeking custody of his Cherokee daughter has appealed a lower court decision to the Oklahoma Supreme Court.

Dusten Brown filed a writ of prohibition Friday in Oklahoma Supreme Court. The filing is appealing a decision from Nowata County District Court.

Brown for years has been fighting Matt and Melanie Capobianco of South Carolina over the custody of 3-year-old Veronica.

Veronica's birth mother put her up for adoption. Brown is Veronica's birth father and a member of the Cherokee Nation. He fought the Capobiancos' adoption of Veronica under the Indian Child Welfare Act.

Brown and the Capobiancos were in a Nowata County court Friday, but a gag order meant neither side would comment.