Get free answers to your Native American Law legal questions from lawyers in your area.
Do I just file everything I can to fight cps in court? I only communicate by email or txt. This dependency has gone on over 6yrs. The court has failed to make written findings on the record at any of the 6mo review hearings the 6th month review hearings all get continued to be set special set,... View More
answered on Sep 7, 2024
It sounds like you've been through a long and exhausting journey with the court and CPS. When dealing with such a complicated case that involves your family, especially when it has gone on for years and involves issues like the ICWA, it's important to gather every piece of evidence that... View More
answered on Apr 10, 2024
The question of constitutional rights on tribal lands leased by the federal government for camping is complex and depends on the specific circumstances and agreements in place.
In general, tribal lands have a unique legal status. They are considered "domestic dependent nations"... View More
I filed for a restraining order in April of 2022 and the prosecutor never received my paperwork. They said they never received it and so when asked, The chief of police had said they lost it, and that they had no record of my case. My restraining order was granted in March of 2023, after I had... View More
answered on Feb 4, 2024
Facing a situation where your safety concerns and restraining order violations are ignored by law enforcement can be deeply distressing. If tribal police have not adequately addressed these violations, it's understandable to feel overlooked and unprotected.
Considering legal action or... View More
MY 2 Children are under ICWA.
MY position is that the dept dcyf/cps failed at doing their part and same w the tribe they have both lost the opportunity 2 do their job. The tribe, well the tribe reps failed at representing their tribe member by not supporting MY Children the entire... View More
answered on Jul 28, 2023
If you wish to stop the out-of-state move of your two children from Washington to Wyoming, you should immediately consult with an attorney in Washington who is familiar with child custody and ICWA (Indian Child Welfare Act) matters. An attorney can help you assess the situation, determine if an... View More
23 year old tribal member involved in accident off the reservation. No insurance, but is a GOV truck registered to the tribe. Who is held liable, non-insured driver or the tribe that's the registered owner?
answered on Jan 23, 2019
Generally both. Tribal law governs on tribal land. Take the vehicle outside the rez or national boundary, then the state law applies. However tribe should have some type of umbrella policy.
answered on May 10, 2012
It's an unusual question. In Cherokee Nation v. Georgia the Cherokee sued Georgia seeking release of a Cherokee citizen being tried for a murder committed on the Cherokee territory, taking the position that Georgia lacked jurisdiction over that territory. While the suit was pending, Georgia... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.