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New Mexico Native American Law Questions & Answers
0 Answers | Asked in Education Law and Native American Law for New Mexico on
Q: Does New Mexico Chapter 22 apply to Tribally controlled schools? Specifically 22-10A-40

Currently, I work at a school located on Navajo Nation land. The school is controlled by the Navajo tribe and is classified as a BIE Grant School, so I wanted to see if NM 22-10A-40 would apply to us

1 Answer | Asked in Child Custody, Family Law, Domestic Violence and Native American Law for New Mexico on
Q: How would I go about filing for full custody of my children if the person left to Mexico willingly?

The father of my children left to Mexico because he was scared that the FBI was looking for him. He was controlling and very verbally, emotionally and physically abusive. After he left I finally told him that I did not want to be together and that me and my daughters were not going out there to... View More

James L. Arrasmith
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answered on Jul 18, 2024

Filing for full custody of your children while the father is in Mexico and you are on the Navajo reservation can be challenging, but there are steps you can take. Since the Navajo Nation Judicial Court requires his exact address to file, you may need to gather any information you have about his... View More

1 Answer | Asked in Child Custody and Native American Law for New Mexico on
Q: Can a judge accept a finding of fact from one party and deny the same finding of fact from another party?

Our lawyers filed similar if not exact same findings of facts for our CYFD case, and he accepted some on mine and denied the same ones on his, and vice versa. Our lawyers are out of the office, so we can't ask them yet, but can the judge allow a fact from my finding and deny the same fact on... View More

Scott E Beemer
Scott E Beemer
answered on Apr 26, 2019

Hello,

Unfortunately, you have stated you are represented by counsel and it would therefore be unethical to comment as per ABA Rule 4.2.

1 Answer | Asked in Child Custody, Family Law and Native American Law for New Mexico on
Q: Acoma Pueblo is a sovereign nation. So cyfd and Acoma Pueblo are Collaborated and cyfd took custody of my children. But

We domicile on the Acoma Pueblo . So who has the jurisdiction of this case? We have went to court adjudicatory hearing and cyfd attorney had to do a continuance on this hearing 3 times already. To my knowledge cyfd should have already transferred or gave the Tribal courts jurisdiction, over my... View More

Scott E Beemer
Scott E Beemer
answered on Feb 28, 2019

Hello,

I am sorry to hear of your situation.

Dealing with a State Agency on Tribal Lands can be a complex situation. Today many tribes have entered into Intergovernmental Agreements (IGA) with the Children, Youth and Families Department (CYFD) of the State as it pertains to the...
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1 Answer | Asked in Native American Law for New Mexico on
Q: Ok my children got taken away from us by CYFD. And we live on reservation right. So so who takes jurisdiction?

And could this case be dismissed if the tribe and CYFD didnt follow procedure?

Scott E Beemer
Scott E Beemer
answered on Jan 22, 2019

Hello,

I am sorry to hear of your situation.

In New Mexico the following tribes have agreements with CYFD:

Mescalero Apache

Navajo Nation

Pueblo of Jemez

Pueblo of Tesuque

Therefore, if you are a member of these tribes CYFD will have...
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1 Answer | Asked in Landlord - Tenant and Native American Law for New Mexico on
Q: if my friend is in a Navajo Nation jail for missing a court date for housing eviction, why is his bail $1100.00?

Also, why were they only given 3 days to move out of the house when the notice was handed to them, while the notice said 5 days?

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 24, 2017

Without more details and this may be speculative, the bail may be based on a dollar amount that the landlord is trying to recover from past rent.

They may have been served with notice by mail, but was handed a copy later. Again, I don't have exactly enough information.

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