Legal Question in Native American Law in New York

guardianship of a native american child

my brother-in-law (native american)successfully gained full custody of his children with my sister (non-nativtive american) and has blocked all efforts of our family to gain partial custody of these children. They have resided on the Reservation in NY for apprx 10 years. He now wants us to take guardianship of a minor son ( I am more than willing) informally without notifying the tribal leaders. How does the fact that the child is recognized by the tribe affect my ability as a non-native american to take temporary, then formal guardianship with only his parent's permission .


Asked on 7/29/07, 12:59 pm

1 Answer from Attorneys
Peter Lepsch Law Office of Peter D. Lepsch

Re: guardianship of a native american child

You raise complicated issues and without further details it is difficult to answer your question with certainty. Typically, tribal courts have what is referred to as jurisdiction over custody and adoption of Indian children who are members of a federally recgonized Indian tribe. Efforts by child's mother or third party, whether Indian or non-Indian, to gain custody turn on what court issued the custody order and the ultimate formal consent and participation of both parents, if available, to change the custody order either in state or tribal court to change a custory order or grant a third party custody. Without further details it is difficult to offer a better answer.

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Answered on 7/29/07, 6:54 pm


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