— A federal law intended to keep American Indian families together doesn't apply to a Cherokee father in Oklahoma who never had custody of his daughter before she was given to an adoptive couple in South Carolina, the U.S. Supreme Court ruled Tuesday.

The 5-4 decision in the case could mean that 3-year-old Veronica, who is now living with her father in Oklahoma, will be returned to the South Carolina couple who raised her for the first 27 months of her life.

The Supreme Court sent the case back to South Carolina courts to determine custody.

Chrissi Nimmo, an attorney for the Cherokee Nation, which is a party in the case, said Tuesday that the tribe would argue the child's best interests would be served by staying with her father.