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Native American Law Questions & Answers
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 Family Law, Child Support and Native American Law for Oklahoma on
Q: Is there any way to find documentation for a paternity test that was done in the early 90's for Child support?

I'm needing to prove that my dad is my dad. He wasnt on my original birth certificate but later did a paternity test for child support. We need a court ordered DNA test (which is my 2nd option) so I can apply for a cdib card if I cant locate this info. It seems to have been lost over the years... View More

Pete David Louden
Pete David Louden
answered on Feb 17, 2019

You can get a copy of the child support order from the court clerk.

1 Answer | Asked in Native American Law for Maryland on
Q: Is the removal of the indians from their land legal or illegal based on their agreements
Scott E Beemer
Scott E Beemer
answered on Feb 14, 2019

Hello,

Unfortunately, this is an overly broad question to answer. There is much more information needed to accurately address your inquiry. Which Nation, tribe and agreement (i.e. Indian Removal Act of 1830 by President Andrew Jackson and the Five Nations)? What era (Presidents Washington,...
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1 Answer | Asked in Federal Crimes, Personal Injury, Car Accidents and Native American Law for Washington on
Q: Are GOV vehicles registered to a tribe required to have insurance if driven off the reservation?

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?

Peter N. Munsing
Peter N. Munsing
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.

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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Q: What is the monety amou t required bond or surety for a city manager

None

Tim Akpinar
Tim Akpinar
answered on Oct 31, 2018

You could try reposting this question and including Municipal Law under your categories. It might have a better chance of being picked up there.

Tim Akpinar

1 Answer | Asked in Copyright, Civil Rights and Native American Law for Illinois on
Q: Could I sue someone for using a logo that's part of my religion

Logo is demeaning to my Race. A misuse of it's sole purpose and descrimnates my heritage and culture as a Native American

Gary Kollin
Gary Kollin
answered on Oct 21, 2018

You can sue for anything. Whether it will be a viable suit or have any legal merit is another thing.

Sounds like you want to sue the Washington Redskins. Read (google) all the articles. Do you think there is a reason no one else is suing?

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Native American Law for California on
Q: We are now ha the jurisdictional level in the Indian Bureau has not been made aware that my daughter is possibly Indians

We are now at the jurisdictional level and had it not been for me bringing it up once again the Indian Bureau has yet to be notified up until the 18th of this month about my daughter and possible Navajo Indian is that a violation of her due process rights? And what can I do and can I appeal a... View More

Gary Kollin
Gary Kollin
answered on Sep 27, 2018

Hire a lawyer familiar with Navajo law

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Native American Law for New York on
Q: Hello I am a concerned father,my son was convicted at trial for a case he never knew nothing about and lost at trial

We obtain private legal representation and they never came to see my son.he just got sentence to 10yrs and has no record the attorneys were inaffected

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2018

This seems like a miscarriage of justice to me; of course, I would need to read the trial transcript and speak to all necessary parties, but I hope you guys are filed a notice of appeal because this case needs to be appealed.

My practice is chiefly concerns criminal law, and I have been...
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1 Answer | Asked in Native American Law and Probate for Oklahoma on
Q: My great grandfather died without a will and has oil land in Oklahoma still . My grandmother is passed .do I have rights

Has an error to claiming any of that my grandmother was taken from her family and 1930s and never saw her family again. We just in the last five years found out about this land . I have been trying to find somebody to talk to to maybe point me in the right direction . I would love to tell you more

Richard Winblad
PREMIUM
Richard Winblad
answered on Apr 17, 2018

Possibly, It’s really answer this question requires a lot more information from you I suggest: a attorney that handles probate. If your grandmother theater was entitled to inherit then your parent ( grandmother’s child ) could also inherit

1 Answer | Asked in Consumer Law and Native American Law for Illinois on
Q: A company working for a tribal payday loan company threatened to issue an arrest warrant for non payment?Live in Ill.

I spoke with a guy who works for a debt collection company who currently has a debt from a payday loan I took out from a tribal payday loan company. I tried to comply and pay a portion but he refused my amount and said an arrest warrant will be issued. Can this really happen?

Steve McCann
Steve McCann
answered on Mar 27, 2018

No it cannot, and it is a blatant violation of the Fair Debt Collection Practices Act. Do you have any written evidence of the threat? In any event, refrain from speaking with the debt collector and contact an attorney immediately. Many of us offer free consultations, and will advise as to your... View More

1 Answer | Asked in Family Law and Native American Law for Oklahoma on
Q: I am wanting full custody of my three children? Being a single mom, I can't afford a lawyer. What do I do?

The father isn't a safe person, he drinks constantly, doesn't show up on Fridays to pick them up(court-ordered), doesn't notify me either, doesn't buckle up my children in car seats while driving, has random people around them. I'm scared of my kids safety while he has... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 11, 2018

Sorry, but with so many issues, and for the safety of the kids, You should consult an experienced Family Law Attorney, in your area, for help with these problems.

Please visit my website https://www.garyjdean.com and Subscribe for updates on Oklahoma Law.

1 Answer | Asked in Consumer Law and Native American Law for Maryland on
Q: Do I have to repay a tribal loan?

I live in Maryland. Their interest rates are illegal in Maryland.

Mark Oakley
Mark Oakley
answered on Feb 13, 2018

It may depend on where the loan was made. If it was legal where made, it may be legal to enforce in MD. If the loan was made here in MD, or solicited here in MD, then the lender is required to be licensed in MD for many types of consumer loans, and the loan is subject to MD laws.

1 Answer | Asked in Family Law and Native American Law for Oklahoma on
Q: Can a mothers rights be terminated while the mother is incarcerated?

Father and girfriend had child was removed by tribal dhs due to domestic violence and drug abuse.

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 26, 2017

There is no real clear answer, you need to ask this again, and include a lot more facts. But generally, rights cannot be terminated very easily. You should see an experienced family law attorney to help you with this problem.

Please visit my website, www.garyjdean.com for information on...
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2 Answers | Asked in Native American Law and Patents (Intellectual Property) for Maryland on
Q: How many variations can be covered in one patent? I created a gaming table that I foresee being done in Multiple ways.

Gaming table utilizes a clear surface, but that could be done via glass, plastic, etc.

Table is also able to be fliped over utilizing both sides, however this could be done manually, mechanically, or electronically

Also, I am "American Indian" and do not belong to a... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 13, 2017

There is no limit how many variations of ONE invention you can cover.

But, you cannot claim more than one invention in one patent. If the Examiner thinks that the claims cover more than one invention, then he/she will issue a restriction and ask you to elect only one invention to...
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1 Answer | Asked in Civil Litigation, Family Law, Consumer Law and Native American Law for Oklahoma on
Q: my wife took 3 of my car titles in my name only to her indian tribe tag office and came back with titles and in her name

what can I do legaly and can I sue the tribe for this becacause she said the lady said to sign my name on there and she also signed my name on tax papers

Pete David Louden
Pete David Louden
answered on Oct 30, 2017

Gather the titles and any other info you have and schedule an appt with an attorney to review your case. After looking at everything you have they will be able to tell you your options.

1 Answer | Asked in Native American Law and Sexual Harassment for California on
Q: I need a native law lawyer for sexual harassment. I work for a native casino

I have been sexually harassed and it was caught on video by surveillance and because the harasser is related to members of the tribal council nothing is being done about it and the GM told me he didn't want to hear about this person sexually harassing me. I also reported it to HR and the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 29, 2017

An employment lawyer should suffice, as you have a potential harassment, discrimination, and hostile work environment issue that needs review. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read... View More

1 Answer | Asked in Divorce and Native American Law for Florida on
Q: Can I get spousal support when my husband is in an Indian tribe? That's our only income

He was controlling and never let me work... been in this marriage for 9 years

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 16, 2017

Probably, but what is the kind of income you're asking about?

1 Answer | Asked in Consumer Law and Native American Law for New Jersey on
Q: Do I have to pay back an illegal payday loan from a Native American reservation in New Jersey
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2017

No you do not. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you. Good luck

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