child custody

[betty08]

My brother is going thru a child custody case through the tribal courts and has not succeeded in any of the cases. The judge agreed to sending his 2 year son with his mother to rehabilitation for a 6 month to 1 year term. My brother is a non tribal member and his girlfriend and her family are all tribal members. His girlfriends mother has temporary custody of his daughter. The have not found anything on my brother that proves he is a unfit father and the social services had wrote a letter requesting that the kids be sent with the father and the judge denied it. What can we do?

 

[irish223]

From what I've read, the tribal court has legal jurisdiction over child custody matters involving Native American children if one of the parents is a tribal member.

Do you have a lawyer? If not, you should try to find one with experience in tribal courts to see if there is anything else your son can do. If the parents and child did not live on tribal land, and had no interaction with the tribe during the relationship, then it may be possible to argue that the tribal court did not have jurisdiction in your son's case; however, you'll need a lawyer to determine that.

 

[Duranie]

Unfortunately the Indian Child Welfare Aact gives preference to tribal parents even though they may not be the better parent. Your brother needs an attorney. As long as the indian court has jurisdiction he is at the disadvantage. They would rather keep the child on the reservation even if the child is in an unstable home then give the child to the non indian parent. This has been my experience anyways since I am a CASA.

For now he should try and get at least visitation. he should get an attorney that has experience with ICWA.