The James Island parents fighting to regain custody of a child they adopted but lost when her Native American father reclaimed her will not get a rehearing from the S.C. Supreme Court.

Matt and Melanie Capobianco learned today that the court will not rehear the case, according to Jessica Munday, a spokeswoman for the family.

The family has 90 days to appeal to the U.S. Supreme Court.

The state’s highest court ruled last month that Veronica, the couple’s 2-year-old adoptive daughter, will remain in Oklahoma with her biological father, Dusten Brown, under the Indian Child Welfare Act. Brown is a Cherokee Nation citizen.

The Capobiancos lost custody of Veronica on New Year’s Eve 2011.