Question: I have 2 daughters with a mixed native american women who I was never married to and I want to gain custody of our daughters but I am not native american. Is this possible?
Answer:
Because this is a standard, child custody proceeding between two biological parents (rather than a dependency case involving foster care, or a termination of parental rights case), the Indian Child Welfare Act (ICWA), which might otherwise complicate matters, may not apply.
Barring other issues unrelated to Native American heritage, generally look to ARS 25-801 through ARS 25-818 for requirements for a standard petition for paternity, custody orders and parenting time
Concerning the paperwork, it might not be a bad idea to consult with a private attorney.
June 26, 2007
Legal Services Corporation