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Native American Law Questions & Answers
1 Answer | Asked in Native American Law for California on
Q: My wife works for a tribe and experiences tribal politics, might be fired because a tribe member does not like her?

We live around the tribal community and a few tribal members live by us and dont like my wife. They seem to group up together and petition the Townhall for her to be removed from her position at the local store, some comments are she isnt native, she is not married nor has any tribal friends and... View More

James L. Arrasmith
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answered on Oct 10, 2023

If your wife believes she is being treated unfairly, it would be essential to review the specific tribe's employment policies, any employment agreement she may have, and consult with an attorney well-versed in that particular tribe's law. Engaging in open communication with the... View More

2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: I had a question about being adopted outside a Indian tribe or family

I was adopted in 1997 outside my Indian family and the social worker who took me knew I was and still allowed me to be taken away to be put in foster care. How can I go about suing the city .

James L. Arrasmith
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answered on Oct 12, 2023

I'm sorry to hear about your situation. Under the Indian Child Welfare Act (ICWA), there are specific guidelines for the placement of Native American children in foster or adoptive homes, prioritizing their placement within Native American communities. If these guidelines were not followed,... View More

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2 Answers | Asked in Adoption, Family Law and Native American Law for California on
Q: I had a question about being adopted outside a Indian tribe or family

I was adopted in 1997 outside my Indian family and the social worker who took me knew I was and still allowed me to be taken away to be put in foster care. How can I go about suing the city .

T. Augustus Claus
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answered on Sep 29, 2023

The Indian Child Welfare Act (ICWA) provides protections for Native American children in adoption and foster care situations. If your case violated ICWA, you may have a basis for legal action against the city or agency involved. Thoroughly document the circumstances and consult with experts... View More

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2 Answers | Asked in Native American Law for Oklahoma on
Q: Missing tribal court not knowing court date when it was changed and never received letter for the new date...

I had tribal court today and I'm native American (Chickasaw) My aunt who is white has guardianship of my two boys and 10-15 minutes before court she wants to call and tell me we had court today at 1:30 so there was no way I could have made it there on time , will I get in trouble if I missed... View More

James L. Arrasmith
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answered on Sep 21, 2023

Missing a tribal court hearing can have serious consequences, including potential legal repercussions. It's essential to contact the tribal court as soon as possible to explain the circumstances surrounding your absence and inquire about rescheduling the hearing. Additionally, consider seeking... View More

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2 Answers | Asked in Native American Law for Oklahoma on
Q: Missing tribal court not knowing court date when it was changed and never received letter for the new date...

I had tribal court today and I'm native American (Chickasaw) My aunt who is white has guardianship of my two boys and 10-15 minutes before court she wants to call and tell me we had court today at 1:30 so there was no way I could have made it there on time , will I get in trouble if I missed... View More

Robin Elizabeth Rollins
Robin Elizabeth Rollins
answered on Sep 19, 2023

If it was a guardianship hearing, you will most likely not get in trouble. Many parents with children in guardianships do not appear in court. However, your failure to appear at court hearings could be detrimental to you in the future. If there comes a time when you would like the children returned... View More

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1 Answer | Asked in Civil Rights, Native American Law and Social Security on
Q: Greetings, Sir, I am an American citizen, I am 60 years old, homeless, and I do not have a social security card, and I d

Greetings, Sir, I am an American citizen, I am 60 years old, homeless, and I do not have a social security card, and I do not have an identity or any proof that qualifies me to obtain an entity for me. Can you help me? Thank you.

James L. Arrasmith
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answered on Sep 11, 2023

I'm really sorry to hear that you're experiencing this. In California, you may begin by reaching out to local social services or nonprofit organizations that assist with obtaining identification and essential documents. They might be able to help you gather necessary documentation and... View More

1 Answer | Asked in Criminal Law and Native American Law for Oklahoma on
Q: may a state court in Indian country entertain an extradition proceeding on a native prisoner

I was arrested on an extradition warrant and held in the Pontotoc county jail on a failure to pay fines on another felony case. Because I am a citizen of a sovereign Indian Nation, and live in Indian country. Any warrant. or governors warrant must be addressed to my tribe. I was held in jail for... View More

James L. Arrasmith
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answered on Sep 11, 2023

Jurisdiction in Indian country can be a very complex issue as it involves a nuanced interplay of tribal, state, and federal laws. Generally, extradition processes involving Native American tribes might require collaboration between tribal, state, and possibly federal authorities to properly address... View More

4 Answers | Asked in Native American Law and Personal Injury for California on
Q: My mother fell while at a Indian gaming casino and ɓroke her femur. She is 76 years old. Do we have a case for injury?

She was getting out of her seat in front of a slot machine and caught her foot on the chair next to her. The chairs are very heavy hard to move and only have about 6 to 8 inches apart.

William John Light
William John Light
answered on Aug 25, 2023

She has to show some fault on the part of the casino. Having the chairs too close to each other to prevent egress might be a claim, but further research is required. Gaming casinos typically have a six month claims filing deadline, so do not delay in seeking an attorney with experience in that... View More

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4 Answers | Asked in Native American Law and Personal Injury for California on
Q: My mother fell while at a Indian gaming casino and ɓroke her femur. She is 76 years old. Do we have a case for injury?

She was getting out of her seat in front of a slot machine and caught her foot on the chair next to her. The chairs are very heavy hard to move and only have about 6 to 8 inches apart.

Joel Gary Selik
Joel Gary Selik
answered on Aug 25, 2023

Such a case is possible. How it occurred would have to be analyzed to see if the casino was negligent.

Additionally, bringing claims against casinos is a specialized area and you should consult with attorneys who are familiar with that.

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1 Answer | Asked in Personal Injury, Civil Rights and Native American Law for California on
Q: So can a security guard physically assault you and handcuff and detain u if u made kind of threats once so ever?

So on the the 5th of this month i was physically assaulted and then handcuffed and then detained by winriver casino security and i didnt say any threatening words or come at them in any threating way at all .they physically and mentally messed me up and i want justice for there actions and i dont... View More

James L. Arrasmith
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answered on Aug 19, 2023

Security guards are authorized to use reasonable force to prevent harm or protect others, but they must act within the boundaries of the law. If you believe you were physically assaulted without justification by casino security, you may have grounds to seek legal recourse for excessive use of... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Native American Law and Probate for Texas on
Q: is there a probate lawyer lisenced in texas pro bono

joint owner (seller) me need help from threat of force of sale suit from(other owner) they say or force of me giving up my interest in estate

Tim Akpinar
Tim Akpinar
answered on Aug 6, 2023

A Texas attorney could advise best, but your question remains open for two weeks. Here is a link to a page on this Justia site

Texas Probate Legal Aid & Pro Bono Services

https://www.justia.com/lawyers/probate/texas/legal-aid-and-pro-bono-services

You include Native...
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Q: I need help with document research and findings. The records sre not in my tribes court, archives, planning, and housing

I know the documents exist. But also have family that dislike me that have worked in those departments as administrators. I am being mislead and homeless. My tribe has took my home, have not helped me with any type of shelter nor resources. This is concerning my home, my grandmother has purchased... View More

James L. Arrasmith
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answered on Aug 5, 2023

I understand that this is an extremely difficult and stressful situation for you. You have certain rights to access documents and records. Consider contacting a legal aid organization or an attorney who has experience in tribal law and property rights, who can guide you through the proper legal... View More

1 Answer | Asked in Family Law and Native American Law for Arizona on
Q: Does icwa apply in tribal court when they're trying to terminate parental rights?
James L. Arrasmith
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answered on Jul 28, 2023

In matters involving termination of parental rights in tribal court, the Indian Child Welfare Act (ICWA) typically applies. ICWA sets specific requirements and procedures for child custody cases involving Native American children and aims to preserve the integrity of Native American families and... View More

2 Answers | Asked in Family Law, Child Custody, Child Support and Native American Law for Nebraska on
Q: Do I need to file for CS & custody through Indian tribe since I divorced through there, not tribal member?

Ex husband is a tribal member, we had written a parental agreement including an amount he would pay monthly. It was stamped and certified, I believe, by their judge. The agreement has not been honored in over a year. I live out of the state I was divorced in (AZ), Id like to file here if its... View More

James L. Arrasmith
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answered on Jul 28, 2023

Since you were divorced through the Indian tribe and not a tribal member, it is likely that you would need to address child support and custody matters through the tribal court. However, as you and your ex-husband currently live out of the state where you were divorced (AZ), it may be possible to... View More

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2 Answers | Asked in Family Law, Child Custody, Child Support and Native American Law for Nebraska on
Q: Do I need to file for CS & custody through Indian tribe since I divorced through there, not tribal member?

Ex husband is a tribal member, we had written a parental agreement including an amount he would pay monthly. It was stamped and certified, I believe, by their judge. The agreement has not been honored in over a year. I live out of the state I was divorced in (AZ), Id like to file here if its... View More

Julie Fowler
Julie Fowler
answered on Jul 20, 2023

Once all parties have moved to another state, it is generally possible to register the order in the state where the child is now residing. Generally you need court permission to move a child out of state once a custody order has been entered (at least in Nebraska). If that did not happen before... View More

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1 Answer | Asked in Native American Law for Arizona on
Q: Why doesn't icwa apply to tribal court proceedings?
James L. Arrasmith
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answered on Jul 10, 2023

The Indian Child Welfare Act (ICWA) is a federal law designed to protect the rights and interests of Native American children in child custody proceedings. While ICWA sets guidelines and requirements for state court proceedings involving Native American children, it generally does not apply to... View More

1 Answer | Asked in Native American Law, Divorce and Family Law for Michigan on
Q: Does MI 100 mile law apply to native primary parent needing to move to reservation to afford stable life

Native enrolled mom and 4 kids. I have been a stay at home mom for 11 years. Non native husband/father has worked out of state, has only been in the home 1 week a month, he only provides income and health insurance the entire 11 years. Our reservation is in the upper peninsula. I have raised the... View More

Brent T. Geers
Brent T. Geers
answered on Jun 25, 2023

Assuming you are in the midst of a divorce, you should negotiate this arrangement now. Otherwise, you can later file a motion to change domicile if it becomes necessary to relocate. However, there is a whole host of criteria a judge would need to consider at that time other than just it makes... View More

1 Answer | Asked in Native American Law for Michigan on
Q: What is a doubtful statute?

Context: the court construed a doubtful statute

T. Augustus Claus
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answered on Jun 23, 2023

A doubtful statute refers to a law or legal provision that is unclear or ambiguous in its meaning or application. When a court construes a doubtful statute, it means that the court is interpreting and giving meaning to the statute in order to determine its intended scope and effect within the... View More

2 Answers | Asked in Native American Law for California on
Q: How do I get my lineage proved

I'm a direct descendant of G.A. from the San Diego San Pasquale band of Mission Indians in 2010 we tried to get my mother's lineage proved verified especially now since all lives matter I would like my lineage proved so I have that for my niece and nephew I need to know how not to be... View More

James L. Arrasmith
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answered on May 25, 2023

To prove your lineage:

Gather relevant documents like birth certificates, marriage certificates, and census records.

Research the San Diego San Pasqual Band of Mission Indians' specific requirements for lineage verification.

Consult with their genealogist or enrollment...
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2 Answers | Asked in Native American Law for California on
Q: How do I get my lineage proved

I'm a direct descendant of G.A. from the San Diego San Pasquale band of Mission Indians in 2010 we tried to get my mother's lineage proved verified especially now since all lives matter I would like my lineage proved so I have that for my niece and nephew I need to know how not to be... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

This is more of a genealogy question than a legal question. From a legal perspective, the federal government maintained Indian Census Rolls from 1885-1940. These rolls are available form multiple sources. You can obtain copies of your mother's birth certificate and then her parents'... View More

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