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1 Answer | Asked in Family Law, Native American Law, Education Law and Juvenile Law for Oklahoma on
Q: Native American foster children are being homeschooled in Ponotoc county Ok. Is this legal?

Foster children are being homeschooled and church at home. Live very secluded lives.

Robert Donald Gifford II
Robert Donald Gifford II answered on Mar 24, 2017

To home school children, there must be some form of approval and review. If this is being done without any proper paperwork in place or at least in the process, the children and foster parents could be subjected to truancy laws.

1 Answer | Asked in Landlord - Tenant and Native American Law for New Mexico on
Q: if my friend is in a Navajo Nation jail for missing a court date for housing eviction, why is his bail $1100.00?

Also, why were they only given 3 days to move out of the house when the notice was handed to them, while the notice said 5 days?

Robert Donald Gifford II
Robert Donald Gifford II answered on Mar 24, 2017

Without more details and this may be speculative, the bail may be based on a dollar amount that the landlord is trying to recover from past rent.

They may have been served with notice by mail, but was handed a copy later. Again, I don't have exactly enough information.

1 Answer | Asked in Family Law, Adoption and Native American Law for Oregon on
Q: I also have another question I was adopted when I was two days old to a white family and I'm native American .

My birth mom never told anyone she was pregnant with me and gave birth with me without anyone knowing. I'm one of the oldest in five kids which are all enrolled in the yurok tribe but because my father who is enrolled in the tribe along with all my brothers and sisters. But since I was adopted and... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Mar 21, 2017

You will need a DNA tests of yourself and father, birth certificates, and your father's CDIB card to help get this started. You have to work this thru your tribe.

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 and Immigration Law for Virginia on
Q: US Citizen wanting to marry a Native Canadian/Canadian citizen

My boyfriend and I have been dating long distance for over a year. He came to visit at the beginning of July and has been here since then on a B2 visa. We have had several week-long visits but never one this length. We have discovered in this time of "living" together that we have incredible... Read more »

Shan Dimitris Potts
Shan Dimitris Potts answered on Aug 8, 2016

If your relationship is legit and you can provide enough proof to the officers interviewing you will be fine. I suggest contacting an immigration attorney to get advice on what kind of proofs will increase your chances of approval.

All the best.

-Shan Potts

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1 Answer | Asked in Criminal Law and Native American Law for South Dakota on
Q: I was wondering if there is anything I can do to get my felony drug conviction reduced. I have finished my sentence

I was convicted of possession with intent to distribute while I was going to college in Albuquerque NM. The school I was going to was a Federal Native American College. The security guard said he stopped me because "smoke was rolling out of my windows" when I was pulling on to the campus. This... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Nov 2, 2015

Probably not at this stage. Perhaps you should have a full discussion with a post conviction relief attorney in Albequerque

1 Answer | Asked in Admiralty / Maritime and Native American Law for Oklahoma on
Q: Are native Americans sovereign from maritime law? If so, what excludes them? If my understanding of sovereign is right
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 10, 2015

This is a complex question, and you have not supplied nearly enough information for an accurate answer. In general, native Americans, individually, are not sovereign, although their tribe may be to some limited extent.

1 Answer | Asked in Native American Law for Alaska on
Q: how can I transfer my civil case from tribal to state court?

my son is in Annette island tribal jurisdiction and his dad and I would like to get the case transferred to state court

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 11, 2015

If I were representing him, one of the first things I would do would be to contact the tribal court and ask what their procedures are for such a transfer. You can also ask for a copy of the court's rules. And, if all else fails, research the federal Native American law on the subject.

1 Answer | Asked in Native American Law for Florida on
Q: I got a dinial from BIA .where can I file next
Robert Jason De Groot
Robert Jason De Groot answered on Aug 7, 2015

You need specifically tailored advice from an attorney who handles these types of cases. The general practitioner, like me, is not going to know the answer without doing research.

1 Answer | Asked in Native American Law for Florida on
Q: How does the defendant reverse a Wage Garnishment in Indian River County, Florida?
Robert Jason De Groot
Robert Jason De Groot answered on Jul 26, 2015

I need to know a lot more facts to be able to give you an answer, any attorney would. It depends upon the facts.

1 Answer | Asked in Native American Law for Ohio on
Q: As a member of osage tribe, can I use osage nation seal on clothing?
Matthew Williams
Matthew Williams answered on Jan 30, 2015

Are you selling this clothing? Tribes typically have the rights to such symbols. If you simply want to wear the symbol, I doubt it would be a problem. If you want to sell it, you will need clearance from the tribal leadership.

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 Washington on
Q: Did the Executive Branch work during the time of the Cherokee Nation v. Georgia?
Matthew Parham
Matthew Parham 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... Read more »

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... Read more »

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