Tribe vs state child custody

[WORRIED77]

What is the name of your state? texas

I was married to a native American he was an abusive drunk, We were married in tribal court also divorced in tribal court, custody is also through tribal court. I am white. We currently have joint custody him having primary of our son me having primary of our daughter. So they visited him last summer and he did not want to give them back, so I went and took them because he did not have a job my daughter had lice, he had bed bugs, my kids were missing to much school. And his house was nasty I also heard he was drinking again, the tribal judge was not gonna hear it..but I was not going to let my kids live that way. So I took them. He has talked to them since on the phone and sent them stupied little thing through the mail. so he cant say they were kidnapped. Ok I have lived In Texas for 2 years my kids for 1 1/2 years but I have had them 9 months strait... He wants to come see them I am scared he may take off with them. Can I get custody through texas state even though there is already a order through the tribe he is from in Utah? My kids are not enrolled so the tribe has no juristicion of them, but their dad is and the tribe Has juristiction of him and where he resides...I dont know what I can do...please help

 

[Ohiogal]

]What is the name of your state? texas

I was married to a native American he was an abusive drunk, We were married in tribal court also divorced in tribal court, custody is also through tribal court. I am white. We currently have joint custody him having primary of our son me having primary of our daughter. So they visited him last summer and he did not want to give them back, so I went and took them because he did not have a job

Not a reason.

my daughter had lice,

Not a reason.

he had bed bugs,

Not a reason.

my kids were missing to much school.

Not a reason.

And his house was nasty

Not a reason.

I also heard he was drinking again,

Not a reason.

the tribal judge was not gonna hear it..

Did you file a motion for change of custody? Did you try to do ANYTHING through the legal routes?

but I was not going to let my kids live that way. So I took them.

That was stupid.

He has talked to them since on the phone and sent them stupied little thing through the mail. so he cant say they were kidnapped.

Want to make a bet?

Ok I have lived In Texas for 2 years my kids for 1 1/2 years but I have had them 9 months strait... He wants to come see them I am scared he may take off with them.

Oh you are afraid he will pull the same stunt you did? What is good for the goose is NOT good for the gander? You are breaking the law and you broke the law. If this goes to court watch you lose complete custody and only have supervised visitation.

Can I get custody through texas state even though there is already a order through the tribe he is from in Utah? My kids are not enrolled so the tribe has no juristicion of them, but their dad is and the tribe Has juristiction of him and where he resides...I dont know what I can do...please help

Most likely Texas won't touch this because of the tribal order.
And you are breaking the law. Custodial interference is a CRIME!

 

[WORRIED77]

cusody

Yes I went in front of the judge for an ex parte meeting, before I decided to do this. The Judge told me that I could take my daughter but I would have to leave my son since his dad was the one who has primary of him...and he would have to be present to defend himself ....but it is also joint. But my son is the one who wanted to come home he is the one who said his dad was being mean to him throwing stuff at him at calling him names.
When I brought the kids to Texas I took them to the saafe house for counciling, and when they spoke with the counciler's the councilors told me that they could not tell me what the kids talked about because it was confidential but they could tell me that a few abuse factors came up when it came to their father...and both the kids also said they did not want to go back...... It took me almost 4 months to even get my son to speek to his father on the phone again..I was not going to push the issue but eventually he talked to him. He does not want to speek with him a lot but he will everynow and then...

 

[CJane]

OH! Silly us.

You OPENLY DEFIED A COURT ORDER.

AND you OPENLY DEFIED WHAT THE JUDGE TOLD YOU IN THE HEARING.

And you REMOVED A CHILD - whom you DO NOT HAVE CUSTODY OF - from his state of residence and HID HIM FROM HIS CUSTODIAL PARENT.

But since it's because the CHILD is the one who said he didn't want to live with dad anymore, you think it's ok.

I get it.

You're golden. No one will EVER argue with that logic.

Ever.

 

[Silverplum]

Know what else is "golden" about OP, CJane? Why, yes, you're right: it's that she's the MOTHER with the UTERUS.

That's why she can do as she damn well pleases.

 

[CJane]

Know what else is "golden" about OP, CJane? Why, yes, you're right: it's that she's the MOTHER with the UTERUS.

That's why she can do as she damn well pleases.

I think I'll have my uterus BRONZED.

 

[Silverplum]

I think I'll have my uterus BRONZED.

And you can take it with you to court, sit it on the table. Let that judge know with whom s/he is dealing!

 

[casa]

Yes I went in front of the judge for an ex parte meeting, before I decided to do this. The Judge told me that I could take my daughter but I would have to leave my son since his dad was the one who has primary of him...and he would have to be present to defend himself ....but it is also joint. But my son is the one who wanted to come home he is the one who said his dad was being mean to him throwing stuff at him at calling him names.
When I brought the kids to Texas I took them to the saafe house for counciling, and when they spoke with the counciler's the councilors told me that they could not tell me what the kids talked about because it was confidential but they could tell me that a few abuse factors came up when it came to their father...and both the kids also said they did not want to go back...... It took me almost 4 months to even get my son to speek to his father on the phone again..I was not going to push the issue but eventually he talked to him. He does not want to speek with him a lot but he will everynow and then...

You are technically in Contempt of the Court's Order. (because you removed your son against the order of BOTH Courts).

If you took the children to a safe-house counselor & they believed they were being abused...did they report it? They are Mandated reporters...and if they didn't report it, there is no evidence/proof their was abuse. And even if there is, you've got some consequences in court either way...you defied the court & everything you've done after that will be automatically suspect.

 

[WORRIED77]

custody

Ok look it is Joint custody...him primary of my son and me secondary. Meaning If he cant raise our child right Its my job to do so. Number two yes the saafe house reported it, the state of texas here cant do anything since it happened in utah and texas cps sid that since they are in a safe place now then just to keep them there. They reported to the state of utah also, but they cant do anything because it happened on the reservation and state has no juristiction on tribal land. so they reported to the tribe social services they say they are investigating but they have nothing to investigate since the children are no longer there. I myself talked to the FBI for the tribe the investigater told me that Since they are in texas and safe then I am best of staying here and keeping my kids here. My ex husbands police record is very long including abuse on me, attempted murder on me, hit and run when he was drunk on a 9 year old girl..numerous alcohol related charges... the FBI agent has been wanted to pin him for a long time, but said there is not enough to get him on, in this instance... I do not think I am golden or what ever you say I am a loving caring parent that has been through alot myself and just do not want the same for my kids... so are you telling me that if you have kids and your ex was an alcoholic and your kids told you that he would come home drunk and kick holes in the wall then when your son had to use the restroom he told him no, so your son has an accident and your ex gets mad and makes your daughter sit there and punch her brother in the nose and when she wont do it any more he slams her head into the wall....you would just leave your children there? I am sorry I know how my ex is I know how he does not remember things when he gets drunk I want my kids safe... besides my kids were there on just a visit for the summer they spent the school year with me and summer with him, but he did not want to give them back and my kids are scared of him

 

[casa]

Ok look it is Joint custody...him primary of my son and me secondary. Meaning If he cant raise our child right Its my job to do so.Number two yes the saafe house reported it, the state of texas here cant do anything since it happened in utah and texas cps sid that since they are in a safe place now then just to keep them there. They reported to the state of utah also, but they cant do anything because it happened on the reservation and state has no juristiction on tribal land. so they reported to the tribe social services they say they are investigating but they have nothing to investigate since the children are no longer there. I myself talked to the FBI for the tribe the investigater told me that Since they are in texas and safe then I am best of staying here and keeping my kids here. My ex husbands police record is very long including abuse on me, attempted murder on me, hit and run when he was drunk on a 9 year old girl..numerous alcohol related charges... the FBI agent has been wanted to pin him for a long time, but said there is not enough to get him on, in this instance... I do not think I am golden or what ever you say I am a loving caring parent that has been through alot myself and just do not want the same for my kids... so are you telling me that if you have kids and your ex was an alcoholic and your kids told you that he would come home drunk and kick holes in the wall then when your son had to use the restroom he told him no, so your son has an accident and your ex gets mad and makes your daughter sit there and punch her brother in the nose and when she wont do it any more he slams her head into the wall....you would just leave your children there? I am sorry I know how my ex is I know how he does not remember things when he gets drunk I want my kids safe... besides my kids were there on just a visit for the summer they spent the school year with me and summer with him, but he did not want to give them back and my kids are scared of him

Extremely relevant information you should have included in your first post.

If CPS confirmed abuse & advised you to keep the children & an FBI agent did so as well...then why are you even asking the question?

 

[WORRIED77]

custody

Because I do not believe in keeping kids from there parents they should decide in own time and form there own opinions about there parents, I recently talked to their dad and he wanted them to come see him for thanksgiving...I told him no. I told him he can see them supervised by me if he comes down here. Because if he gets them on the reservation it will be that much harder for me to get them back. So I am wondering if I can redue custody through texas state so thats my rights are covered too... through the tribe his rights are totally covered, but mine arent. My kids are not enrolled In the Tribe and the Tribe does not have juriticion over them or me and will not fight to get them back for that exact reason. But My rights as a white parent need to be covered by the state somehow...Or I am hoping anyway..thats why i ask! All I am wondering is it possible for me to go through the state when there is a tribal order already in effect?

 

[Silverplum]

So I am wondering if I can redue custody through texas state so thats my rights are covered too... through the tribe his rights are totally covered, but mine arent. My kids are not enrolled In the Tribe and the Tribe does not have juriticion over them or me and will not fight to get them back for that exact reason. But My rights as a white parent need to be covered by the state somehow...Or I am hoping anyway..thats why i ask! All I am wondering is it possible for me to go through the state when there is a tribal order already in effect?

No you cannot.

 

[seniorjudge]

Know what else is "golden" about OP, CJane? Why, yes, you're right: it's that she's the MOTHER with the UTERUS.

That's why she can do as she damn well pleases.

Hey, thanks!

I wondered how that worked....

 

[LdiJ]

No you cannot.

I am not at all sure that you are accurate on that Silverplum. In fact, I really don't think that any of us should be expressing opinions on this one because its completely outside of our areas of knowledge and expertise.

Worried....your fingers need to do some walking to find an attorney in TX who is familiar with both tribal law and Texas law. Get a consult with that attorney to have a better idea of where you stand.

 

[Silverplum]

I am not at all sure that you are accurate on that Silverplum. In fact, I really don't think that any of us should be expressing opinions on this one because its completely outside of our areas of knowledge and expertise.

Worried....your fingers need to do some walking to find an attorney in TX who is familiar with both tribal law and Texas law. Get a consult with that attorney to have a better idea of where you stand.

Think what you like.