Legal Question in Family Law in California

If I have two children with an Native American Indian and have been married for three years; if my husband who is Native American decides to get a divorce, is he automatically given 50% custody and will I be forced to stay in a county without being able to move somewhere more affordable?


Asked on 2/16/11, 3:57 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

I do not have good news for you. If your husband files for divorce the jurisdiction for child custody would lie with the tribal courts, if he makes that requests, which he most surely he would. He would probably get custody, as he is the Native American. Even if the Native American was unfit as a parent the tribal courts could and probably would award custody to a close Native American relative of the child, and not the non-Native American parent. If a divorce happens you should retain an attorney who is licensed with both the tribal courts and the California courts. I am licensed in both. Good Luck, Pat McCrary

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Answered on 2/16/11, 4:47 pm


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