A new lawsuit has been filed in another state which alleges that federal law was violated in an Indian tribal court. According to the suit, the state’s department of human services, as well as the county in which the suit was filed, sent child custody cases to a tribal court despite the fact that both parents had not consented to do so, resulting in the relocation of the child to a reservation. Although this case was not filed in Florida, the state has many Native American parents, and parents who are married to Native Americans who may be interested in the outcome.
Two child custody cases were recently uncovered in which one parent is a Native American and the other parent is not. In both cases, the non-Native American parent is claiming that they have been discriminated against by the tribal court. In both cases, the Native American parent was granted custody.
A press conference was held by the non-Native American parents to explain their issues with the state’s department of human services. The parents claim that the commissioner of that department has betrayed the children of the state. They contend that the children were sent to live on the reservation with their Native American parents even when it was not the best situation for them.
Anyone who is involved in a child custody and relocation case in which one parent is Native American and the other is not may want to retain the services of an experienced family law attorney. Whether the client is a parent living on a reservation, or he or she is divorcing a Native American parent, a family lawyer can help to guide the client through the process of the divorce. Tribal custody battles can be complicated in Florida, but having a knowledgeable attorney can help simplify things for the parent.
Source: fox9.com, “New lawsuit targets custody battles in tribal courts“, Karen Scullin, Oct. 10, 2017