Legal Question in Family Law in Washington

family law involving native family vrs. white family

I was 15 and the father 19 when I gave birth. I raised my daughter for the first 8yr's of her life. When her father brought about a custody battle for her. He won and since has continously brought me back into court everytime I don't do what he want's when he want's. I represented myself pro say and was unfit to do so. I was court ordered to undergo a d.v evaluation. The result's being that I have PTSD and that the father is a trigger for it. Police are also a big trigger. I have since recieved a second diagnoses with the same finding's. Also, I was unaware at the time that I and my children are eligable for enrollment in the Assinibione and Gros Ventre tribes. We are in the process of enrolling. My daughter almost 13. Never wanted to live with her father and beg's me all the time to get her home. What can I do?...As a last piece of information. When the father brought about this law suit He had just been laid off from his Boeing job, was buying a house, and getting married. Most reciently my daughter over heard a conservation of her father's with his wife. Where he stated that he wishes that our daughter was never born and the only reason why he got cutody of her was for the money and glory of having a child. Lastly, Thank you


Asked on 2/24/07, 12:32 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: family law involving native family vrs. white family

The Tribe only gets involved if the State is bringing a dependency action. As between you and the father, the Tribe has no jurisdiction. I'm licensed with the Puyallup tribe and I have briefed this issue before. That won't fly as an argument here, only if the state is trying to take your child away from either of you.

If I were you I would call Tacoma - Pierce County YWCA Domestic Violence helpline first thing Monday morning and set up an appointment for a consult with one of the lawyers there.

I can't tell whether your custody matter is concluded - whether there has been a trial yet or not.

Was there a Guardian ad Litem appointed for your daughter? What did that person say? What was the basis for the court's determination that it was in your daughter's best interest to be with her father after eight years with you?

I hate to sound jaded, but I swear that there are men (though not all of them) who will abuse their partner, and alienate the child from the partner just to prove they can and evade financial responsibility.

Love your daugher with all your heart, and be sure she knows. Don't try to evade the orders in place, though, you have to follow them until they are modified.

Don't ask your child to testify or write a declaration. Judges HATE that. There are ways to bring up what is happening to the Court, and the advocates at the Y can explain.

Sorry you had such a terrible experience. Law is a profession for a reason and learning to practice is an ongoing lifelong effort.

We have a saying about people who act as their own attorneys, however. . .

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Answered on 2/24/07, 12:48 am


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