Legal Question in Family Law in Texas
My friend's son is divorcing an American Indian. She has fled to her reservation with their daughter. Now he has been served with papers from the res. stating he has no rights to their child. The reason for the divorce? The wife was caught 5 times with other men...
Asked on 8/10/10, 3:24 pm
1 Answer from Attorneys
TC Langford
Langford Law Office
This is a narrow, specialized field of law, and your friend's son is going to need a lawyer. There is caselaw which examines the jurisdictional issues in detail. There is supporting caselaw that when husband and wife cohabited off the reservation, and the child was born and raised off of the reservation, that removal to the reservation will not defeat state law jurisdiction.
Answered on 8/17/10, 12:38 pm