Indian Reservation is located, and files for divorce/custody?
A question of this type was posted on here by a mother. I found the answers interesting. So, what do you think she could do, if anything? Before you answer, reread the question above and think hard on the vital points first.What do you believe a mother can do if her husband takes their child, goes to another state, where his Tribal?
This sounds like one for the Supreme Court.
There is the question of the state law where they lived, for one.
It might not allow the child yo just be taken like that.
But add the ethnic angle---Tribal custom is akin to religion according to some court decisions. Yet once he is on the reservation, that is no longer US Territory.
Send the judge some Tylenol.
Even Solomon would not want to touch this one.What do you believe a mother can do if her husband takes their child, goes to another state, where his Tribal?
well from my understanding which every parent takes the child(ren) and files for divorce and custody first has dibs on the kids until the courts decide otherwise as for the living on the res.....if the child(ren) have native american blood in them and can be proved in court that would change alot of things and living on the res they are not bound by alot of the laws of the U.S.A. because they are considered a sovereign state
LET'S RODER SAN ANTONIO YEEEE......HAAAAA
Probably she can't do anything. If she knew before hand that he was leaving, then she was aware of the circumstances. Is he a true Indian or just someone that decided that he wanted to join them? A lot depends on his race, his culture, his belief and the reason for asking for the divorce. I am assuming she did something that made him leave. There are always three side to every story. His story, her story and then the truth!
Trust me- no one should get in that kind of position. My ma used to tell me if my dad took me away, she would hunt him down and....well....youknow the rest. Plus, the child woulnt trust you any longer. unless its like a baby without a fully developed brain to emember anything. or the child absolutely hates their other parent. then in that case, youd have nothing to loose. But dont do that.
lol She can't do anything but petition the tribal council. The child is native and they decide what happens with the child. If she's nice, she might get visitation if he lives on the res.
No one should get in that kind of position.
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