Legal Question in Family Law in New Mexico
I'm a native american mother of a 14 month old and the father is white and seeking primary physical custody. We're not married, don't live on the reservation, but I've been the primary caregiver,...what are my options??
1 Answer from Attorneys
As long as the child does not live on a reservation you proceed in state district court just as you would if you were not a Native American. If the child were living on the reservation it would be treated as the home state of the child and the tribal court would have jurisdiction. The court would also have optional jurisdiction regardless of the domicile of the child if there were an effort to place the child in foster care or the termination of your parental rights.
If you need help you may call Law Access New Mexico 18003409771.
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