IAAL Please Help

Neice was sent to family friends for temp time for her safety. Supposed friends filed for guardianship, paternal grandmother fought in court in California for guardianship for two years, judge said child had been with friends too long to move her and grandma was too old, (sixty). Bio-dad abducted child when on visitation to paternal grandma, she was accused of involvement, all visitation was stopped. Bio-mom is in prison. Now, friends have filed for adoption through State of Ca. adoption services. We can't lose this child, paternal grandma has adoption of siblings, child is four now. Me, being paternal aunt, wants to adopt. My father, grandma and g-grandpa all born on Cherokee reservation and indian stated on birth certificates but not members of tribe. Does the US Indian codes still pertain to us?? What can I do??? Per Cherokee Nation degree of indian blood doesn't matter just ties to Dawes roll in ancestory, which I can get, to become member, but I dont have much time. Shouldn't court adopt to relatives before non-relatives regardless of indian and regardless of how long child has been there?? Friends have lied constantly in court but is a police officer in that court. I am married 15 years, federal employee and related to child, do I have a chance and what can I do. Case is in California State Adoption Service. PLEASE HELP!!! Ps Bio-dad has died and Bio-mom now in halfway house.HELP!!

This is not legal advice just moral.

If the child has been living with the friends for so long then I can understand gaudianship, they need this to care for the child legally.

Where was the family when this child really needed them. The judge is right, Indian or not, children are still children and should come first. What does heritage have to do with the safety and security of a child? If the child is in a home where he/she is loved, cared for and WANTED and the family hasn't been around for 2 years why should the judge give the child back. Let the kid be and grow up in a good home that he/she has become accoustom to, and for goodness sake, you all should be thanking these friends for giving part of their life up to care for a child no one else was bothering with.

I wish people would stop hiding behind and manipulating words of the law to justify the damage they do to a childs life.

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Brandys:
[b]What does heritage have to do with the safety and security of a child?
[/b]<HR></BLOCKQUOTE>

A great deal in the US. If a child can be proved to be of Indian decent and is a certain % then it matters a great deal. The Indian tribe can petition to take jurisdiction and stop any adoption to a non Indian family.

You may of mis-understood. Bio family has been trying to get child back since day one. Child was sent there temporarily because bio-dad was threatening to come and take child and family needed time to get guardianship in Montana. When family went to get child, we were threatened and friends filed for guardianship in Cal. It took two years for case to go to trial, by the time it went to trial,(two years) judge said it had been too long. We have spent over $ 25,000 on lawyers so far. FAMILY HAS BEEN TRYING TO GET CHILD BACK SINCE DAY ONE. Is judge still right???

[Illinois Parent]

This is just a suggestion, as I do not know laws re: Indian Affairs. BUT, I would go to the reservation where family is from, contact local social services there, and let them take over. They are both very successful and very swift at returning Indian children to their families.

Good Luck