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Questions Answered by Joseph J Wiseman
1 Answer | Asked in Child Custody, Family Law and Native American Law for California on
Q: .. Can a parent who is indian file custody in tribal court,when the other parent is not indian
Joseph J Wiseman
Joseph J Wiseman answered on Nov 1, 2016

Generally, yes; however there is the question of whether the tribal court has jurisdiction over the non-Indian parent. That question is being litigated around the country and there is no clear answer. A lot depends on the specific facts, so you should seek out competent counsel for advice.

1 Answer | Asked in Native American Law for California on
Q: If a Native American marries a non native, when he dies is she entitled to his casino royalties?
Joseph J Wiseman
Joseph J Wiseman answered on Feb 6, 2014

The answer to your question depends on a variety of facts that should be explored by competent counsel. Your should consult with an attorney who is familiar with federal Indian Law and probate law. Good luck.

1 Answer | Asked in Civil Rights for California on
Q: Who would take on a civil case where I am the plaintiff suing a casino?
Joseph J Wiseman
Joseph J Wiseman answered on Dec 8, 2012

I am assuming the casino is operated by a Indian tribe. If so, only an attorney who is familiar with the concept of tribal sovereign immunity should handle your case. In general, unless the tribe has waived its immunity, it will be difficult to proceed with a case. You should consult with an... Read more »

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