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Nebraska Native American Law Questions & Answers
2 Answers | Asked in Native American Law for Nebraska on
Q: What is the native American law if a court system refuses a jurisdiction hearing for the minor children?
Julie Fowler
Julie Fowler
answered on Dec 4, 2023

I'm not sure which law specifically you are looking for. It could be one of several.

You might want to take a look at the Nebraska Indian Child Welfare Act (Nebraska Revised Statutes 43-1501 to 43-1517). You could also take a look at the Uniform Child Custody Jurisdiction and...
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2 Answers | Asked in Native American Law for Nebraska on
Q: What is the native American law if a court system refuses a jurisdiction hearing for the minor children?
James L. Arrasmith
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answered on Dec 5, 2023

Under Native American law, particularly the Indian Child Welfare Act (ICWA), if a state court refuses to hold a jurisdiction hearing for minor children who are members of a tribe or are eligible for membership, there are specific steps that can be taken.

Firstly, the ICWA provides tribes...
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2 Answers | Asked in Family Law, Child Custody, Child Support and Native American Law for Nebraska on
Q: Do I need to file for CS & custody through Indian tribe since I divorced through there, not tribal member?

Ex husband is a tribal member, we had written a parental agreement including an amount he would pay monthly. It was stamped and certified, I believe, by their judge. The agreement has not been honored in over a year. I live out of the state I was divorced in (AZ), Id like to file here if its... View More

James L. Arrasmith
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answered on Jul 28, 2023

Since you were divorced through the Indian tribe and not a tribal member, it is likely that you would need to address child support and custody matters through the tribal court. However, as you and your ex-husband currently live out of the state where you were divorced (AZ), it may be possible to... View More

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2 Answers | Asked in Family Law, Child Custody, Child Support and Native American Law for Nebraska on
Q: Do I need to file for CS & custody through Indian tribe since I divorced through there, not tribal member?

Ex husband is a tribal member, we had written a parental agreement including an amount he would pay monthly. It was stamped and certified, I believe, by their judge. The agreement has not been honored in over a year. I live out of the state I was divorced in (AZ), Id like to file here if its... View More

Julie Fowler
Julie Fowler
answered on Jul 20, 2023

Once all parties have moved to another state, it is generally possible to register the order in the state where the child is now residing. Generally you need court permission to move a child out of state once a custody order has been entered (at least in Nebraska). If that did not happen before... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Native American Law for Nebraska on
Q: I want to know what I can do when it comes to a state worker that's suppose to help with a case and not doing her job

A state worker who don't do her job right and don't communicate with her client when it comes to her children. Not helping to point client the right direction in life to do better for the children.

James L. Arrasmith
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answered on Mar 16, 2023

If you are experiencing issues with a state worker who is not performing their job duties as required, there are several steps you can take:

Contact the worker's supervisor: The first step you can take is to reach out to the worker's supervisor to report the issues you are having....
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1 Answer | Asked in Native American Law for Nebraska on
Q: How would I get my trailer back that I let my brother-in-law stand for like five years and he never paid rent

He said he will fix it up for us and give it back when we we’re ready

Julie Fowler
Julie Fowler
answered on May 2, 2020

Generally when a trailer owner wants to evict a tenant, even if the tenant was not charged rent, the owner has to go forward with formal notice and a formal eviction action through the courts.

1 Answer | Asked in Native American Law for Nebraska on
Q: How would I get my trailer back that I let my brother-in-law stand for like five years and he never paid rent

He said he would fix it up for us and give it back when we we’re ready

Julie Fowler
Julie Fowler
answered on May 2, 2020

Generally when a trailer owner wants to evict a tenant, even if the tenant was not charged rent, the owner has to go forward with formal notice and a formal eviction action through the courts.

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