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Your Interpretation Please

Started by Fobbed-Fodder, Jun 03, 2004, 09:59:55 PM

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Fobbed-Fodder

Hi Soc

Can you please give me your interpretation of this.
As you may now know my son is native.
From what I get from it, the parents, both me and my wife deserve a higher standard of protection of "OUR RIGHTS" if one exists

USC TITLE 25 > CHAPTER 21 > Sec. 1921.    
Sec. 1921. - Higher State or Federal standard applicable to protect rights of parent or Indian custodian of Indian child
In any case where State or Federal law applicable to a child custody proceeding under State or Federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under this subchapter, the State or Federal court shall apply the State or Federal standard    

Questions;

1.) does this apply to my case?

2.) if so what might that higher standard be?

3.) if higher standards exist, am I not entitled to them now that my wife was given temp custodial status?

4.) Or, is my wife standing on even higher ground than ever before?.

5.) Or, am I sniffing under the wrong tree?

I am just looking to cover my but here.


Please comment
thanks

socrateaser

>Questions;
>
>1.) does this apply to my case?

It applys to every case.

>
>2.) if so what might that higher standard be?

You're misinterpreting the law. It merely provides, that if there are competing statutes, re custody, stating different standards of protection for a native american, then the court must apply the statute that provides the greater protection.

This does not mean that because your child is native american, that he/she deserves some special status apart from other non-native children.

>
>3.) if higher standards exist, am I not entitled to them now
>that my wife was given temp custodial status?

Irrelevant

>
>4.) Or, is my wife standing on even higher ground than ever
>before?.

I don't know...get a tape measure.

>
>5.) Or, am I sniffing under the wrong tree?

Whatever you're sniffing, you'd better stop before your nose falls off.

>
>I am just looking to cover my but here.

I'm not sure how one covers their "but," but I suspect that it would be better for you to cover your "butt."

Say goodnight, Gracie.

Fobbed-Fodder

You a funny guy

Thanks for the humor, I cannot stop laughing now 

Give me a few more days and ill think of something else that is bound to be as dumb as this.

Thanks for the help

Rollercoaster From Hell

Fobbed-Fodder

Hi Soc

Can you please give me your interpretation of this.
As you may now know my son is native.
From what I get from it, the parents, both me and my wife deserve a higher standard of protection of "OUR RIGHTS" if one exists

USC TITLE 25 > CHAPTER 21 > Sec. 1921.    
Sec. 1921. - Higher State or Federal standard applicable to protect rights of parent or Indian custodian of Indian child
In any case where State or Federal law applicable to a child custody proceeding under State or Federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under this subchapter, the State or Federal court shall apply the State or Federal standard    

Questions;

1.) does this apply to my case?

2.) if so what might that higher standard be?

3.) if higher standards exist, am I not entitled to them now that my wife was given temp custodial status?

4.) Or, is my wife standing on even higher ground than ever before?.

5.) Or, am I sniffing under the wrong tree?

I am just looking to cover my but here.


Please comment
thanks

socrateaser

>Questions;
>
>1.) does this apply to my case?

It applys to every case.

>
>2.) if so what might that higher standard be?

You're misinterpreting the law. It merely provides, that if there are competing statutes, re custody, stating different standards of protection for a native american, then the court must apply the statute that provides the greater protection.

This does not mean that because your child is native american, that he/she deserves some special status apart from other non-native children.

>
>3.) if higher standards exist, am I not entitled to them now
>that my wife was given temp custodial status?

Irrelevant

>
>4.) Or, is my wife standing on even higher ground than ever
>before?.

I don't know...get a tape measure.

>
>5.) Or, am I sniffing under the wrong tree?

Whatever you're sniffing, you'd better stop before your nose falls off.

>
>I am just looking to cover my but here.

I'm not sure how one covers their "but," but I suspect that it would be better for you to cover your "butt."

Say goodnight, Gracie.

Fobbed-Fodder

You a funny guy

Thanks for the humor, I cannot stop laughing now 

Give me a few more days and ill think of something else that is bound to be as dumb as this.

Thanks for the help

Rollercoaster From Hell