Native American Law Q&A by State

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Native American Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Native American Law for North Carolina on
Q: My son's father is suing me for custody. Should I motion to dismiss? Or motion for summary judgement?

Improper venue- we live in different counties. I'm enrolled in a Native American tribe in ANOTHER county. My son lives with me. Yet, he could provide records our child lived with him last, only because he transfered our son to a different school, without my consent or knowledge. I didn't... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 3, 2020

I am going to give a total cop-out answer, but you really need to speak with a local family law attorney. There appears to be a lot going on in your case, and I am hesitant to give advice because I feel like I don't know the whole story.

I highly doubt that a motion to dismiss or a...
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3 Answers | Asked in Criminal Law, Communications Law, Domestic Violence and Native American Law for Minnesota on
Q: Are charges possible 2 do on a incarcerated inmate with felony assaults,multiple domestics,terroristic threats&stalking?

The only contact was the inmates texter and phone calls. The inmate was told several times to stop calling and texting but has continued to do so with disrespectful remarks and unbelievable name calling along with telling other inmates that the person is a ratchet jail pass around then distributed... Read more »

William Bailey
William Bailey answered on Sep 1, 2020

It sounds like there is a possibility of charges for harassment, stalking, unwanted phone calls, etc. If you wanted to pursue charges the avenue would be to report it to police.

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2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law, Federal Crimes and Native American Law for Oklahoma on
Q: If someone us currently fighting a possession of marijuana with intent and child neglect charge what do they do

This person is Cherokee indian abd was arrested on cherokee land but not by tribal police....he also has his medical marijuana license

David A. Cincotta
David A. Cincotta answered on Aug 5, 2020

The best thing you can do is hire a criminal defense attorney and follow your attorney's advice. There are a variety of ways to defend the charges you describe, but each case is different. The defense strategy recommended by your attorney will be largely dependent upon the facts and evidence... Read more »

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2 Answers | Asked in Criminal Law, Federal Crimes and Native American Law for Oklahoma on
Q: I have a few felonies I discharged from years ago in Tulsa. Being Creek Indian can I get those thrown out now?

The Mcgirt case already caused the State to recall a felony warrant they had on me. Since they lacked jurisdiction on the other felonies I had that I discharged over 15yrs ago does that mean I can hire a lawyer to file the paperwork to get those felonies taken off my record and essentially not be a... Read more »

David A. Cincotta
David A. Cincotta answered on Aug 4, 2020

Yes, that might be possible; however, it is only certain felony crimes that the federal government has exclusive jurisdiction (thus depriving the State of Oklahoma of jurisdiction). For all other felonies committed on Indian Country committed by or against Native Americans, the State of Oklahoma... Read more »

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1 Answer | Asked in Employment Law and Native American Law for Nevada on
Q: What should I be paid for working 48 hours in a work week on tribal land at a shell gas station in nevada?
Maurice Mandel II
Maurice Mandel II answered on Jul 31, 2020

Interesting situation. Tribal land is in a Sovereign Nation, but they are subject to Federal Laws. So you don't get Nevada wages but you get Federal minimum wage and Federal Overtime which is after 40 hours in the work week. So you get 40 hours regular time and 8 hours at time and a half... Read more »

1 Answer | Asked in Child Custody, Family Law and Native American Law for Oklahoma on
Q: Is it legal for a custodial parent and the supervised visit people to not let u see ur child even tho its in ur courtord

Is it legal for the custodial parent and the supervised visit people to not let u see ur child on a day that u have a Court order saying u r supposed to be allowed 2 2hr visits every week as long as u schedule the visit by wed of the week prior.

I did schedule the visit a head and it was... Read more »

Brian Boeheim
Brian Boeheim answered on May 9, 2020

Sad to say, this happens more often then you think. Have your attorney, or hire an aggressive family law attorney to file motions to enforce visitation or compel them to follow the court ordered visitation. If you you need help, please feel free to give us a call for a free consult.

1 Answer | Asked in Native American Law for Nebraska on
Q: How would I get my trailer back that I let my brother-in-law stand for like five years and he never paid rent

He said he will fix it up for us and give it back when we we’re ready

Julie Fowler
Julie Fowler answered on May 2, 2020

Generally when a trailer owner wants to evict a tenant, even if the tenant was not charged rent, the owner has to go forward with formal notice and a formal eviction action through the courts.

1 Answer | Asked in Native American Law for Nebraska on
Q: How would I get my trailer back that I let my brother-in-law stand for like five years and he never paid rent

He said he would fix it up for us and give it back when we we’re ready

Julie Fowler
Julie Fowler answered on May 2, 2020

Generally when a trailer owner wants to evict a tenant, even if the tenant was not charged rent, the owner has to go forward with formal notice and a formal eviction action through the courts.

2 Answers | Asked in Civil Rights, Constitutional Law, Libel & Slander and Native American Law for Florida on
Q: Hi, On March 15 I went into a Pawn Shop to purchase a Firearm and was denied the sale because of my race & religion.

On March 15, I went into a local Pinellas County Pawn Shop and was denied my 2nd amendment right to purchase a firearm because my Concealed Weapons License stated that I was White. The Pawn Shop salesman stated that I "Looked black to him" and "There's a black guy standing in... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Apr 22, 2020

You may have a case. More facts would be needed. Of course if the employee denied you service on the basis that your identification did not match your picture on the concealed weapons permit then they may have a non discriminatory reason for denying you service. More facts are needed. Discuss with... Read more »

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3 Answers | Asked in Constitutional Law, Domestic Violence, Federal Crimes and Native American Law for Minnesota on
Q: i was recently convicted of assaualt resulting in serious bodily injury in which there was,no statement by the vicvictim

pertaining i was the one that assaulted her and nor did she show to testifie in trial,in which i was still found guilty

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 15, 2020

There’s not really a question here but you should file an appeal if you believe that you were wrongfully convicted. I presume that the government had other evidence such as third party witnesses or out of court statements, but it’s impossible to weigh in on the conviction with the limited... Read more »

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1 Answer | Asked in Native American Law and Tax Law for Texas on
Q: is Allodial american national ID cards a legit tax exempt entity?

I work for a hotel. Guest is claiming tax exempt and only exemption form is a Allodial American National ID card. He claims hes his own entity and is required to be tax exempt. NO tax exempt form was given. It looks like he is using Moors C.M. Bey Orders, sovereignty from Federal laws. Any insight... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 13, 2020

No, that's not a legitimate exemption.

He's an idiot and you do not want to get involved in that nonsense.

1 Answer | Asked in Appeals / Appellate Law and Native American Law for Colorado on
Q: Appeal for reinstatement of parental rights was taken over by tribal court. What happens now?

My rights were terminated I appealed right away. My appeals lawyer found that the county terminated my rights without ICWA being informed. Lakota Sioux has found children eligible and now are taking over case. What's going to happen.

Scott E Beemer
Scott E Beemer answered on Nov 24, 2019

Unfortunately. I cannot answer in accordance with ABA Ethics Rule 4.2:

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the...
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1 Answer | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Native American Law for California on
Q: My brothers body was desecrated by a local mourtuary before he was to be creamated the owner had passed assuming he w

Upon further investigation by local sheriffs and state funeral and burial bureau they had closed the case 9 months later they recovered his body only due to the smell cause refrigeration had broke down I want to know if I have a case againts the sheriff's department and the state for... Read more »

William John Light
William John Light answered on Nov 20, 2019

Yes, your family has a claim for the negligent treatment of his remains. (Christensen v. Superior Court (1991) 54 Cal.3d868, 879 [2 Cal.Rptr.2d 79, 820 P.2d 181]). Contact a PI attorney to discuss.

1 Answer | Asked in Family Law, Child Custody and Native American Law for Arizona on
Q: What do I put on a motion for a telephonic hearing in the navajo nation court on November 15? Do I have time?

The court hearing is up in window rock, and I live in Phoenix. I need to get my kids to school that day, and there isnt enough time for me to get there in time at 10 am, on top of the fact that I dont have a way to get there. I just found out a telephonic hearing was possible, but now there is... Read more »

Mike Branum
Mike Branum answered on Nov 3, 2019

The Clerk of Court cannot provide legal advice, but yours is more of a logistical question. They may be able to assist you without filing any paperwork. That is where I would start. Hopefully another attorney with experience with the tribal court will see your question and provide a more informed... Read more »

1 Answer | Asked in Immigration Law and Native American Law for North Carolina on
Q: Can a USA citizenship have 2 more citizenship and passports other then the American one?

Hi, I am Brazilian and I'm about to receive the USA citizenship, so I'll be citizen in 2 Countries, Brazil and USA, and of course, I'll have the both passports. Besides that, I just realized that if I want I'm able to request the Portuguese citizenship and the portugueses... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Oct 9, 2019

As far as the US is concerned you can carry a US passport and that of another country. You will need to see what the Brazilian position on the matter is.

Q: I live I north carolina my daughters boyfriend grandmother bout here a cell phone she will not give it to me what's my
Kevin E. Flynn
Kevin E. Flynn answered on Sep 27, 2019

I am sorry, this is not a patent law question. Perhaps you thought the category was paRents instead of paTents.

Good luck in resolving your situation.

Kevin E Flynn

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1 Answer | Asked in Civil Rights, Government Contracts, Libel & Slander and Native American Law for California on
Q: I wanted to know what I can do about TANF in pala Ca.? They have stressed me to the point of being ill and depressed.

I have proof that they mistreated me and recordings, I know that they have a personal vendetta with me.

Louis George Fazzi
Louis George Fazzi answered on Sep 10, 2019

You have to provide a lot more detail in order to get decent legal advice. This is probably not the best forum for getting an answer for you. Contact the County Bar Association in the county in which the local office of TANF is located, and ask for a civil rights attorney referral. The initial... Read more »

1 Answer | Asked in Immigration Law, Family Law and Native American Law for California on
Q: My mother is a immigrant And we are scared about her getting arrested by ice.

My mother has lived here for 20+ years . She came from Mexico to flee crime and for a better life . We live in California and she has 3 kids that were born here. She doesn’t have a criminal record. She has a stable job and has never been arrested or pulled over by the law. All this news with the... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 4, 2019

The alleged plan is to look for people with final deportation orders, but incidental to a search, ICE may find others, ask questions and consider whether to detain, release and serve a notice to appear in immigration court.

It can help to review your situation and hers, but it is unclear...
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2 Answers | Asked in Family Law, Child Custody and Native American Law for Oklahoma on
Q: What would be a reason we are still in emergency temporary guardianship 16 months later?

We have had guardianship of our granddaughter since birth. Its been 16 months and our hearings keep getting continued. We have asked that a motion be filed for permanent guardianship but we get told "no we dont want to do that we are going for guardianship". Isnt a law that after 6 months... Read more »

Hans Otto Lehr
Hans Otto Lehr answered on Jun 28, 2019

There are several different reasons why an "emergency" guardianship may be continued, and they are all very fact-specific and case-specific. It is not uncommon for different Judges in different counties to handle how they continue "emergencies."

As to your second point,...
Read more »

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1 Answer | Asked in Immigration Law and Native American Law for California on
Q: I'm an American Indian born in Canada trying to obtain a Permanent Resident Card to live and work in the United States.

I'm an American Indian born in Canada trying to obtain a Permanent Resident Card to live and work in the United States. I have a confirmation of registration letter from Indian Affairs to prove I am status indian. I want to know what other steps I need to take to become a citizen?

Scott E Beemer
Scott E Beemer answered on Jun 11, 2019

Hello,

American Indians born in Canada (with at least 50% American Indian blood) cannot be denied admission to the United States. However, a record of admission for permanent residence will be created if an American Indian born in Canada wishes to reside permanently in the United States....
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