Legal Question in Family Law in Washington

Native American Child Custody

Father is native American, Mother is not, they are not married. Does the father have more rights to the children? Father in jail, DV in this case.


Asked on 10/13/07, 12:34 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Native American Child Custody

Father doesn't have "more" rights to the children, he's a parent. Jail and DV are also not relevant unless the DV is against the children. Marriage not relevant either. He's still the dad presuming an affidavit of parentage.

If the parents split up and the children are in the care and custody of DSHS, the tribe must be alerted because then the tribe has an interest, presuming the father is an enrolled member.

Hope that helps. Elizabeth Powell

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Answered on 10/13/07, 2:47 pm


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