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Author Topic: son fighting for custody  (Read 1629 times)

bjatkis

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son fighting for custody
« on: Apr 27, 2009, 06:45:19 PM »
Has anyone out there had to deal with an indian reservation?  Children were taken from family home and in Arizona by mother. Taken to a reservation in another state where her father lives.  She did not grow up on the reservation and had no connection with it until she wanted to try and hide the children.  Arizona took the case and granted the father custody.  She claimed that father was abusive and the tribe is allowing her to stay there because they think they are protecting the children.  There was never any history of abuse and she knew that telling them that would make them let her stay.  Lawyers here said it would have to be taken to federal court to the tune of $20,000 on top of the $10,000 he already paid.  His home is now in forclosure and he is living with his parents.  As it stands now he will never see his kids again.  When the courts in Arizona tried to serve her with paopers her father pulled a gun on the server (this is in the court records).  The children are 2 and 4 and living in a home with a loaded gun.  I also have a photo that I got off of her web site and it is of the children standing in front of a door and on either side of the door there is no walls and the electrical wires are exposed.  I am terrified that they will be electrocuted.  What does a father do?


ocean

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Re: son fighting for custody
« Reply #1 on: Apr 27, 2009, 06:49:30 PM »
I dont know but the social service agency cant go on Indian reservations? If he has custody, cant he get a sheriff help him go get the kids or get an order that someone will get them?
You really need to look into what rights they have...do they never go off the reservation? If they go to store, work, daycare, they should be allowed to go and get kids?
Others might get ideas or no more...

MomofTwo

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Re: son fighting for custody
« Reply #2 on: Apr 27, 2009, 07:23:59 PM »
There exists a dual status on indian land - the tribe has autonomy in some areas and the federal government reserves the right to control certain activities under the "trust" status of the tribes under federal law.

Murder on indian land, for instance, is under the exclusive jurisdiction of the federal government, and one accused of this crime would typically be taken to federal court. The tribal courts do not have jurisdiction.

Lesser crimes are usually under the jurisiction of the tribal courts, and violations are prosecuted there.  They are subject to the same federal laws as anyone else, in addition to tribal laws where applicable.

While Arizona is the proper jurisdiction, he is undoubtedly going to have a battle on his hands and this could turn into a very long expensive drawn out battle since they are on tribal land.  They will protect her and those children. It would seem the counsel you have talked to have provided you solid advice and he may need to retain federal counsel to fight this.  Social Services, local police,  or those types of agencies will not have jurisdiction on a reservation and I doubt the tribal police would permit the removal of the children.   Tribal land have their own police they use.  Perhaps he could start by contacting them.

shaden3

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Re: son fighting for custody
« Reply #3 on: Apr 28, 2009, 05:23:47 AM »
Agree with MomofTwo. In addition, however, there are certain statutes regarding custody and native people bloodline "percentages" that give a tribal council jurisdiction over these matters. It's important to work (with reverence) with the tribal police and council to resolve. It is sad to say, but these things are extremely difficult to resolve.
Thou shalt not be a perpetrator. Thou shalt not be a victim. Above all, thou shalt not be a bystander.

 

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