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California Native American Law Questions & Answers
1 Answer | Asked in Child Custody, Family Law and Native American Law for California on
Q: .. Can a parent who is indian file custody in tribal court,when the other parent is not indian
Joseph J Wiseman
Joseph J Wiseman
answered on Nov 1, 2016

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.

1 Answer | Asked in Native American Law for California on
Q: If a Native American marries a non native, when he dies is she entitled to his casino royalties?
Joseph J Wiseman
Joseph J Wiseman
answered on Feb 6, 2014

The answer to your question depends on a variety of facts that should be explored by competent counsel. Your should consult with an attorney who is familiar with federal Indian Law and probate law. Good luck.

1 Answer | Asked in Native American Law for California on
Q: What is the name of the law that protects tribal members from their own tribal government
Matthew Parham
Matthew Parham
answered on May 10, 2012

It sounds likely that you are thinking of the Indian Civil Rights Act, which is at 25 USC 1301-03. The tribe itself may also have something akin to a bill of rights that it has itself enacted, or customary laws or doctrines recognizing additional or different rights than those in the ICRA. But in... View More

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