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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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1 Answer | Asked in Family Law, Adoption, Child Custody and Native American Law for Oklahoma on
Q: What's the actual law for child an parent bond & what can I do my oldest kid is missing and she's in icw custody

She's been missing since April 14

James L. Arrasmith
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answered on May 22, 2023

The actual law regarding the parent-child bond can vary depending on the jurisdiction and specific circumstances. In general, the law recognizes the importance of maintaining a strong bond between parents and their children. If your oldest child is missing and in the custody of ICW (Indian Child... View More

1 Answer | Asked in Child Custody, Family Law and Native American Law for California on
Q: i signed a notarized letter for my mom to care for my son and now she filed for guardianship how do i get my child back
James L. Arrasmith
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answered on May 16, 2023

Review the Notarized Letter: Carefully review the notarized letter you signed granting temporary care of your child to your mother. Pay attention to the specific terms, duration, and conditions outlined in the letter. Understanding the scope and limitations of the arrangement will help inform your... View More

1 Answer | Asked in Civil Rights, Health Care Law, Native American Law and Social Security for California on
Q: As a homeless sole mother in no argument not permanent solution with a complex.A sole mother as unapplicable ??

Need consultation to Have the Full right protect my living adults as a primary decision to allow 3adults to fulfill the future Ned's of one living sole mother with no resurface oof a breach as fault.Closed,past. Current affairs of a loss is now a issues per All government to County support.2024

James L. Arrasmith
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answered on May 16, 2023

In your situation, it is crucial to reach out to local resources and organizations that specialize in assisting homeless individuals, especially single parents. These organizations can provide guidance, support, and access to resources that may help you secure stable housing and address any complex... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Native American Law for Florida on
Q: Is there anything to prove that the American Indians actually became US citizens?

My great grand father was born in 1878 and said it never happened because the US had nothing to offer. We couldn't vote until the 1960s don't citizens get to vote?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 19, 2023

The 14th Amendment to the United States Constitution provides, in pertinent part, that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. " Citizenship thus has very little... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Native American Law for Nebraska on
Q: I want to know what I can do when it comes to a state worker that's suppose to help with a case and not doing her job

A state worker who don't do her job right and don't communicate with her client when it comes to her children. Not helping to point client the right direction in life to do better for the children.

James L. Arrasmith
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answered on Mar 16, 2023

If you are experiencing issues with a state worker who is not performing their job duties as required, there are several steps you can take:

Contact the worker's supervisor: The first step you can take is to reach out to the worker's supervisor to report the issues you are having....
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1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Native American Law for Texas on
Q: Hello I'm looking for an attorney that I will assist me in fighting back a predatory lender tribal law attorney.

Can you please gave someone to call me 832.326.6476 I took out a loan for 1500 and now I'm paying 7000 back ridiculous. Any help you can give would be appreciated. It has to be illegal in Texas. How do I fight these people and not have my credit score or be legally sued. Can you assist me in... View More

James L. Arrasmith
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answered on Mar 16, 2023

You may also want to contact the National Association of Consumer Advocates, which is an organization of attorneys and consumer advocates who specialize in protecting the rights of consumers against unfair or abusive lending practices. Their website is https://www.consumeradvocates.org/

1 Answer | Asked in Civil Litigation, Civil Rights and Native American Law for Minnesota on
Q: can a person be denied permission to visit a dying family member if they have a removal order from the reservation.

they have an active civil petition for having the removal order lifted court case.ongoing for almost 3 yrs

James L. Arrasmith
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answered on Mar 16, 2023

It is possible for a person to be denied permission to visit a dying family member if they have a removal order from the reservation. The decision to grant or deny permission to visit would depend on the specific circumstances of the case, including any applicable tribal laws or regulations.... View More

1 Answer | Asked in Native American Law on
Q: I have the abstract title to 1830 dancing rabbit creek treaty and don't know what to do with it.
James L. Arrasmith
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answered on Mar 16, 2023

The 1830 Dancing Rabbit Creek Treaty was a historic agreement between the United States government and the Choctaw tribe, which led to the forced removal of thousands of Choctaw people from their ancestral lands in what is now Mississippi.

As for the abstract title that you have, it is...
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1 Answer | Asked in Native American Law, Public Benefits and Social Security for Oregon on
Q: I believe discrimination bcuz of my name. Tribal Pension (exempt) can't disqualify me for SSA benefits still no Pymt.

Tribal Pension not recognized as income and therefore cannot be used as a income disqualifier for Social Security Benefits- pursuant to findings in order determined by Administrative Law Judge.

Other tribal members do not have their Tribal Pension used as a disqualifier for benefits only... View More

James L. Arrasmith
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answered on Mar 16, 2023

If you believe that you are being discriminated against based on your name or any other protected characteristic, you may have legal options available to you.

One possible option is to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the appropriate state agency,...
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1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Native American Law for Oklahoma on
Q: My mother was murdered June, 2021. It was ruled a suicide within minutes. A Mcgj investigation is ongoing? My rights?

My mother was killed in June 2022 and it was ruled as suicide at the scene of a place she didn’t know and had never been on a river bed. A multi county grand jury is supposedly investigating. I was 17 years old at the time this happened and no one ever informed me she died. Do I have any kind of... View More

James L. Arrasmith
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answered on Mar 16, 2023

I am sorry to hear about the loss of your mother and the circumstances surrounding her death. As a victim of a violent crime, you may have certain rights under state and federal law, including the right to be informed about the progress of any investigation or legal proceedings related to your... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Juvenile Law and Native American Law for California on
Q: Need help find legal help son was beat by police hancuffed with batons an they put false stuff on report

Native American an they harass him on a Dailey because of background

James L. Arrasmith
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answered on Mar 7, 2023

I'm sorry to hear that your son has been mistreated by the police. If your son was physically harmed by the police and they falsified reports, he may have grounds to pursue legal action against the police department or the individual officers involved.

One option is to contact a civil...
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1 Answer | Asked in Civil Rights, Constitutional Law and Native American Law for Florida on
Q: If the Indian Removal Act moved the American Indians west how did the Seminoles come to Florida?

Every Seminoles we meet always say they came here to Florida but the Indians from here now call themselves Black. There are no schools that teach them that they are American Indians they teach them that they are Black. Are there any lawyers that will be ready to take the fight when we want to use... View More

James L. Arrasmith
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answered on Mar 2, 2023

The Indian Removal Act, which was signed into law by President Andrew Jackson in 1830, forced many Native American tribes to leave their ancestral lands and relocate to areas west of the Mississippi River. However, not all tribes were removed, and some, like the Seminole, resisted relocation and... View More

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