Non-custodial U.S. father, Navajo daughter

[twphoenixaz]

I'm a father, my daughter is 6. I was never married to her mother. Her mother was being dishonest about the pregnancy and, at the same time, being abusive to me. I filed for a protective order against the mother (before my daugher was born - and while I really didn't know if the pregnancy was real.) after which I moved on with my life and moved out of state (from UT to AZ). Approximately one year later, I received papers, took a paternity test (which came back positive), paid back child support, setup health insurance through my employer, and have consistently paid child support every month for the last 5+ years. I am not on the birth certificate. I'm the non-custodial parent in this situation. Additionally, I have consistently sent gifts, money, letters, etc. to my daughter every 2 months (or so) throughout the last 5+ years. To date, I have sent at least 20 packages. In my letters to the mother, I regularly state my willingness to become more involved in my daughter's life. However, since I believe the mother is abusive/crazy/awful, I have not pursued the legal route yet. For the first 5 years, I have felt that my daughter was just to vulnerable and too young to understand the issues between her mom and myself. I've been hoping that, even though the situation is dysfunctional, the mother would, over time, see that I'm consistent, sincere, and doing my part to build some sort of bridge.

Anyway, I have never received anything back from the mother (no photos, no letters, etc). I know that my packages are being delivered - through confirmation tracking at the post office. I know that my personal checks are being cashed. Everything I send to the mother has my home address. She is obviously ignoring me.

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My questions:

1> Will the courts look favorably upon my efforts to contribute to, and stay in contact with, my daughter - even though I haven't ever met her in person? I have a journal and scrapbook with photos and letters that show everything I've done and mailed to her. Would showing this sort of thing help in court?

2> Is there a time limitation pending? Have I waited too long to work out custody?

2> The mother is Navajo. If I went ahead with custody proceedings the U.S. courts, would I have to start all over in the Navajo courts or could the Navajo courts ignore rulings from the U.S. courts?

3> Will I be notified if the mother plans on allowing my daughter to be adopted by another father? Could she use the Navajo courts to move ahead with an adoption without my consent?

4> Is there anything else I should consider as I move ahead?

5> Do I have any chance of being awarded shared/joint custody?

Thank you!!! tim

[Fobbed-Fodder]

Sorry to hear about your loss, I to had a Native wife and my son is native, I am white and did not get custody even though it was clearly in the childs best interest that I did.

Here are a couple links for you to resurch, I am affariad ICWA laws will applay to your situation and you wont get custody but you could possibly get a parenting plan with visitation.

Hang in there and do your resurch.

http://www.tribal-institute.org/lists/state_guidelines.htm

http://cfr.law.cornell.edu/cfr/cfr.php?title=25&type=part&value=23