Legal Question in Family Law in Colorado

custody

I'm native American and i have a daughter who lives in Colorado with me . we travel all the time to the tribe. her father is fighting custody for her . he is gong to denied her the right to the tribe and i don't want her to lose her cultural. I'm a tribal member on top of it and she is going to be brought before the tribe to be recognized by them . i don't know what i should do.


Asked on 8/30/08, 4:42 pm

1 Answer from Attorneys

Re: custody

The Court should recognize it anyway, but point out to the Court that your daughter is Native American and tell the Court which tribe you and she belong to. There is a very specific set of laws, known as ICWA (Indian Child Welfare Act). Under those laws, the Court has to acknowledge her tribal membership. It will also make it almost impossible for the father to sever her relationship to the tribe. An attorney could help you further, but if you can't get counsel, do make sure the Court addresses ICWA.

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Answered on 8/30/08, 5:51 pm


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