Oklahoma Native American Law Questions & Answers
Q: Can someone be arrested for trespassing if he lives in our deceased mother's house?
Shawnee police officer entered my brother's residence while he was asleep on the couch and woke him up. They said that someone reported an a/b taking place in his yard. They asked him to come outside then arrested him for public intoxication and trespassing. He was told that he couldn't reside at... Read more »
If the facts are exactly as you have prevented them, the police are wrong. Your brother needs to hire an experienced criminal defense attorney to fight these charges.
Q: Who do i contact concerning conditions of a city jail?
The jail is inhumane, uninhabitable, and the inmates are mistreated. No running water, no working toilets in any of the cells, they are allowed 2 phone calls and that's it, they will let you sit and rot before allowing you another phone call, women having their menstrual cycles are denied pads,... Read more »
You need to discuss your case with a civil rights attorney. If you go down this road it will be expensive and time consuming, so you may have to seek help from a nonprofit, which can be hard, but not impossible. The ACLU is a good place to start. Unfortunately, your experience is more common than... Read more »
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 of a... Read more »
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, I would need to see... Read more »
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 but... Read more »
You can get a copy of the child support order from the court clerk.
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
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
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 them, I can't afford a... Read more »
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.
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.
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... Read more »
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
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.
Q: the secretary of the interior,attorney general and secretary of treasury were all summoned.No answer.Past time.
Im acting Pro Se in a native american civil lawsuit.The District court I filed my complaint summoned the Secretary of Interior Ect.... because of jurisdiction.There has been no answer to my complaint and it is way past the time to answer. why isn't anyone responding to any motion I have asked for?... Read more »
Did you have a summons properly served on each defendant?
Q: How much power does a state have to regulate and tax and/or collect revenue from Tribal Casino's?
By tribal casino, I mean a casino on tribal lands and run by a tribal corportation.
The general rule is none, however each tribe enters into a "compact" with the state and the details of that compact govern any monies paid to state coffers.
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.
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.
Q: Are native Americans sovereign from maritime law? If so, what excludes them? If my understanding of sovereign is right
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.
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