Legal Question in Family Law in Montana

I have filed a purposed parenting plan and petiotion for parenting plan in cascade county mt May 6th> The sheriff served my sons father may 10th and he never answered it so i filed for default (june 9th) and set a hearing date for the 22nd of june. (june 14th) the day i served him with the hearing date he served me with a pettion for full custody in tribal court filed june 14(june 14), my sons fater showed up to my hearing for the parenting plan and the judge wouldnt sign it because he had contested it. what do i do now?


Asked on 6/23/11, 1:05 pm

1 Answer from Attorneys
Carolyn J. Stevens CJ Stevens|Law

The main issue for you to determine is whether your children are covered by ICWA (Indian Child Welfare Act). If ICWA does not apply, then father's default should stand. If ICWA applies, you filed your parenting plan in a court that did not have jurisdiction over the children. Consider hiring an attorney or contacting the state bar association for a referral to an attorney who can help with ICWA issues.

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Answered on 6/25/11, 8:46 am


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