Child Custody

questions & answers

Question: How can i get rights back of my daughter. And she native American?

Answer: This question is tricky because it depends on factors not stated. If the jurisdiction of you case falls under the reservation, then the Indian Child Welfare Act would be the determining factor in custody. The Indian Child Welfare Act prefers to keep children with their parents and leaves decisions of custody up to the governing tribe. This process varies by tribe. Your best interest would be contact an attorney, specifically an attorney who works closely with the tribe in question.

 

If this custody dispute does not fall under the jurisdiction of the tribe, the recommendation would be to contact a family law attorney and discuss your options. In some instances, you can fill out the paperwork and request a custody hearing without the assistance of an attorney.

 

For the best results and a more thorough answer to your question, I recommend you speak with an attorney and they will be able to get you started and point you in the right direction.

 

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