Legal Question in Family Law in Arizona
My son is caucasian married to a tribal member and they are living on the reservation. He is trying to leave the marriage and file for divorce. Can he also take his child with him until custody and visitation is decided?
1 Answer from Attorneys
The juridiction to file the Petition for Dissolution of Marriage and determination of Child Custody, Support and Visitation is the Tribal Court where they live and the Mother and Child are enrolled or could be enrolled members of the Tribe.
A key factors concerning whether he should take the Child with him pending the dissolution proceedings are including but not limited to,age,healthand all other factors effecting the best interest of the Child etc.
The Tribe also has an interest in the Native American Child.
Cordially,
Randy D. Lang
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