Legal Question in Family Law in Arizona
if a child is one eight native american on dads side and
hispanic on the mothers side,in a legal custody battle would the native american side get automatically full custody of the child if both legal parents gave up parental rights.
Asked on 1/10/10, 7:01 am
1 Answer from Attorneys
Joan Bundy
Joan Bundy Law
It would depend on whether the child was eligible to enroll in a federally recognized Indian tribe. If not, then it's up for grabs. If so, then the Indian Child Welfare Act would kick in, and tribal family members would get first dibs after the parents.
Answered on 1/15/10, 7:32 am
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