Possible tribal law involvement

[frylover]

What is the name of your state (only U.S. law)? La

If an initial determination of custody has been made in Family Court, can the Native American parent decide later he/she wants Tribal court involved?

 

[TheGeekess]

What is the name of your state (only U.S. law)? La

If an initial determination of custody has been made in Family Court, can the Native American parent decide later he/she wants Tribal court involved?

I found this:

Proceedings to award custody may be reopened upon application of the parent, nearest blood relative, or either clan, or by the Court when it appears that a person to whom custody has been awarded is no longer able to care responsibly for the child.

Coushatta Tribe of Louisiana Judicial Codes, Title 8 - Domestic Relations

But I'd check with an attorney who is versed in tribal law to verify.

 

[Ladyback1]

What is the name of your state (only U.S. law)? La

If an initial determination of custody has been made in Family Court, can the Native American parent decide later he/she wants Tribal court involved?

I live in an area that is heavily invested in Tribal Law (6-7 large reservation, large % of Native American in the population). Tribal Law is federal law, so simple answer is yes it is possible. Best suggestion is get an attorney who is well versed in Native American/Tribal laws governing child custody/visitation.

 

[justalayman]

no, tribal law is not federal law. There is tribal law and there is federal law. Federal law is applicable on tribal lands for certain things but in others, federal law is set aside and tribal law takes precedence.

the question not asked or answered is: do the people live on tribal lands or not.


Tribal lands, although often called a sovereign nation are actually more of a sovereign state within the US. Federal laws generally apply where tribal law is not given precedence. State laws of the state the tribal lands are within generally are irrelevant.

 

[Ladyback1]

no, tribal law is not federal law. There is tribal law and there is federal law. Federal law is applicable on tribal lands for certain things but in others, federal law is set aside and tribal law takes precedence.

the question not asked or answered is: do the people live on tribal lands or not.


Tribal lands, although often called a sovereign nation are actually more of a sovereign state within the US. Federal laws generally apply where tribal law is not given precedence. State laws of the state the tribal lands are within generally are irrelevant.

I stand corrected. I dealt with the whole Tribal vs. Non-Tribal from a law enforcement side, not a family law/civil law side.

 

[frylover]

no, tribal law is not federal law. There is tribal law and there is federal law. Federal law is applicable on tribal lands for certain things but in others, federal law is set aside and tribal law takes precedence.

the question not asked or answered is: do the people live on tribal lands or not.

Tribal lands, although often called a sovereign nation are actually more of a sovereign state within the US. Federal laws generally apply where tribal law is not given precedence. State laws of the state the tribal lands are within generally are irrelevant.

No, none of them ever have.

 

[Ladyback1]

No, none of them ever have.

Are we talking custody of two bio parents--one registered as a Native American (or on Native American rolls) and one not Native?

Our are we talking the Native American parent vs. adoptive parents?

Was proper notice of pending custody issue given to the Native parent?

I only ask because some friends are trying to adopt their grandson who's absent father is Native. They did not follow proper notification protocol related to the Native parent-- So the decision was set out for 30 days until notification could be done (or attempted)

 

[justalayman]

as far as I know, tribal law does not apply outside of tribal lands. At that point, NA (native Americans) are simply residents of the state they live in.

from the section of law provided previously (and it does deal with child custody as well):

Section 3. Jurisdiction. The Coushatta Court shall have jurisdiction over marriages and divorces made in accordance with Coushatta custom of the members of the Coushatta Tribe of Louisiana or members of other Tribes residing within the territorial jurisdiction of the Tribe.

this is the federal definition of Indian lands:

Except as otherwise provided in sections 1154 and 1156 of this title, the term “Indian country”, as used in this chapter, means
(a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation,
(b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and
(c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

 

[Ohiogal]

as far as I know, tribal law does not apply outside of tribal lands. At that point, NA (native Americans) are simply residents of the state they live in.

from the section of law provided previously (and it does deal with child custody as well):



this is the federal definition of Indian lands:

Actually it does when dealing with CHILDREN of Native Americans who may be placed in foster care or outside the custody of their parents. What other circumstances it applies to, I do not know but I know it definitely applies there.

 

[LdiJ]

Actually it does when dealing with CHILDREN of Native Americans who may be placed in foster care or outside the custody of their parents. What other circumstances it applies to, I do not know but I know it definitely applies there.

We have also seen multiple examples of it applying to children, on these forums.

 

[duckmom]

Tribes have options as to how involved they want to be and the size of the Tribe is important, many smaller Tribes do not have a separate Tribal Court established. My DH is a member of a federally recognized Tribe, but it is fairly small. They have their own Social Services program but their Tribal Court does not handle criminal or family law. If CPS is involved then the Tribe's Social Services dept works in tandem with CPS. In my husband's case, the child lived on the reservation with the tribal parent (DH) and the non-tribal parent (mother) was the one investigated and given a CPS case plan. The Tribe was really only involved in the initial investigation and temporary placement and then left the case plan determination and follow-up with CPS.