Lincoln, NE asked in Family Law, Child Custody, Child Support and Native American Law for Nebraska

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 possible. Ex also lives out of the state we were divorced in.

2 Lawyer Answers
Julie Fowler
Julie Fowler
  • Divorce Lawyer
  • Omaha, NE
  • Licensed in Nebraska

A: 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 the move, then it can make matters more complicated.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Sacramento, CA

A: 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 request a modification of the parental agreement in your current state of residence, depending on its laws and jurisdictional requirements. It is essential to consult with an attorney in your new state to understand your options and the best course of action.

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