Anyone have knowledge on Indian Tribal Law as regards child custody when the parents belong to separate Tribes?
Tribal Law trumps any action taken by a family court judge. Judges simply do not have the jurisdiction or authority to decide child custody when the child has a parent who is a member of an American Native Indian Tribe, period.
I received an email from a woman dealing with a divorce where she and the father belong to separate tribes. In my 20 years of working with fathers, I've never dealt with this type of problem, though at the minimum, I would hope there either was a way the Tribal Councils to keep the family together, or arrange Bird Nest Custody, instead.
Leapfrog,
Did you take note that Tribal Law overrides state law? So the state does not matter as it does not exist under these circumstances.
are both parents enrolled? and which tribe is the child enrolled in? that makes a difference.
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