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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111579
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I visited with Steven k. Yesterday about my daughter and

Customer Question

I visited with Steven k. Yesterday about my daughter and granddaughter and the issue with a Paiute tribe. My daughter is going to be released from jail on 4/29/16. She has been told that if she makes any effort to see her child she will be arrested. That is if she does it without the court. So I understand that she has to contact the court to see her child, but the tribe cannot possibly make all the rules. The child is half Indian but she is also half white. The tribe also placed the child with with a fellon that has no drivers licence. My daughter and I have tried to contact the person that the child is placed with and she has changed her telephone number. The tribe claims to have jurisdiction but the child is not on the reservation. I am not willing to accept that there is nothing we can do.
Submitted: 7 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the Indian Child Welfare Act, the laws allow tribes to take control and jurisdiction over a child and child custody, even though the child may not be on the reservation.
It is not that there is "nothing we can do," but it is that anything you do has to be done in the tribal court using a tribal law attorney. The state/local court cannot take jurisdiction away from the tribal court which has exercised jurisdiction under the ICWA. So you are going to have to fight this in the tribal courts, which can be difficult, but that is where the law forces you to take your fight.

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