Legal Question in Family Law in Utah

My sister has a child with a man that is native american. He is threatening to take her to court to get custody and then take the child to the reservation so my sister can't see her. He claims he can do this because he is native american and has more rights than she does. Is this true? Can he do what he is threatening to do??


Asked on 11/18/09, 7:56 pm

1 Answer from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

He can threaten it but it doesn't mean he will succeed. There are special laws concerning native american children that need to be followed but your sister should be able to obtain custody of the child. My recommendation would be that she initiate custody proceedings immediately in state court.

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Answered on 11/24/09, 5:58 pm


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