Custody of Seminole Indian Children

[POC]

Soc, sorry for the long background expalnation, but at least it is somewhat amusing.


My sister is happily married to a Seminole Indian. He is a great brother-in-law, so there is no trouble there. I've learned that a lot of white man rules don't apply to them, especially when they are on the Reservation. They consider themselves to be a sovereign nation.

The possible problem on the horizon is with his brother, who is a good guy too. Unfortunately, he has been shacking up with a girl with no apparent redeeming qualities. It has his family on pins and needles that she might become pregnant. No one can fathom that these two would ever stay together. Personally, I don't know, but admit that I have trouble seeing what the attraction is as well. She doesn't work, doesn't cook, doesn't clean, is dumb as a post, is hateful to her boyfrineds nieces and nephews, and this list goes on. Oh, and did I mention, she is fat and ugly too?

The only thing I can figure is that he has to be getting the most outstanding sex ever. But, come on, there is no way that can keep them together for long. So, what happens if they have a child? My sister says not to worry, because if he would get the kid, because he is a Seminole Indian, and the courts do everything that they can to have Indians brought up in their culture. Obviously, I am aware of how difficult it is for fathers to get custody - even if the mother is a dumb b*tch.

Before you answer 1 and 2, it is worthy to note that all Florida Seminole Indian Tribal members receive approximately $3,000 per month as a tribal dividend, plus many other tribal perks, that includes children, even babies. The parents control a portion of that amount and the tribe puts the rest into a trust account for the children. If my BIL's brother were to become a father his children would qualify to become a member of the tribe. However, it is the tribe's policy that children not in custody of tribal parents do not qualify as tribal members, nor would they receive any tribal benefits.

1) Of course, none of us want a pregnancy to occur. But, if it does and she decides to move back with her folks in Louisiana before he ever even knows that she is pregnant would he have any special custodial rights, due to his being a Seminole Indian?

2) If she did not inform him that he was a father until the child was say three years-old, would the fact that he is an Indian dictate that he get custody of the child at that time?

3) Would he be on the hook for child support, retroactive to the birth of his child?

[socrateaser]

Try to resist the temptation to disparage your opponent, or I will not respond in the future.

>1) Of course, none of us want a pregnancy to occur. But, if it
>does and she decides to move back with her folks in Louisiana
>before he ever even knows that she is pregnant would he have
>any special custodial rights, due to his being a Seminole
>Indian?

My limited understanding of the Seminole Tribe is that it does not have a tribal government, or court system (just a police department), and that legal issues are left to the various State and Federal authorities. Therefore, the domestic relations laws of the State in which the parents and children reside will control. And, per the equal protection clause of the 14th Amendment to the U.S. Constitution, said State laws would apply to any children of this relationship, exactly as they apply to every other child of the State with jurisdiction.

>2) If she did not inform him that he was a father until the
>child was say three years-old, would the fact that he is an
>Indian dictate that he get custody of the child at that time?

Irrelevant -- see above.

>
>3) Would he be on the hook for child support, retroactive to
>the birth of his child?

Depends on the law of the jurisdiction where the support is first established, so I can't give accurate advise, but it's an excellent possibility.

Don't let the mother disappear for more than a few months, and if she gets pregnant, then mark your calendar and when you believe that the child may be born, file to establish custody and support, even if you cannot locate the mother. That way, there will be no surprises should the mother and child resurface later.

[POC]

Thanks soc, I didn't mean to dwell on her deficiencies. Most of what I'm going on is heresay to me. The Tribe does have a government, but you are correct about a court system. Here is an excerpt from their site:

"The Tribe does not have a court system; legal and criminal matters not resolved on the community level are referred to the proper state or federal authorities." Maybe there is some case law regarding custodial status of tribal members, and that is what my sister heard of. I don't know.

No reply necessary.