Asked in Child Custody, Family Law and Native American Law for California

Q: .. Can a parent who is indian file custody in tribal court,when the other parent is not indian

1 Lawyer Answer

A: 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.

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