Detroit, MI asked in Divorce, Family Law, Child Custody and Child Support for Michigan

Q: Can I report a tribal judge for not ruling according to their own laws?

Tribal judge has followed laws to rule favorable for native individual in family court, but when the EXACT (and I mean EXACT) situation was reversed and would have been ruled to favor a white person, completely ignored and ruled the other way. Did not follow tribal code for what things to take into consideration when choosing custody. Placed child with native who spends weekends in jail and had child removed by ACFS and CPS even though all lies told by native mother were documented thoroughly and proven without a shadow of a doubt to be lies. Told white father it didn’t matter if she’s lying because he doesn’t need a reason to take away custody

Also, mother took minor child without other parents consent (he had 100% physical custody) and refused to return him or allow father to see him and nothing was done. Just said oh well no big deal.(Called 5 different law enforcement including tribal. Since mother lived off res they refused to be involved. All others refused because she’s tribal)

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: You should speak with an attorney versed in the Indian Child Welfare Act (ICWA) and Michigan Indian Family Preservation Act (MIFPA). Bottom-line up front is that different rules apply with native american children and families.

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