Birth Mother, “I am worried about my childrens welfare”

June 19, 2006

I am a non-Indian married to a member of the …Indian Nation Iroquois tribe. I have been married to him for 6 years and we have 3 children together. I am in the middle of a divorce/seperation due to physical and emotional abuse of my children and myself. It was not my choice to do this as it was his.

Right now he is currently incarcerated at the …County Jail due to DWI and disorderly conduct. My children are not enrolled in the tribe due to his non compliance. I am trying to get full custody of my children because they are not safe in his care at this time. He has never helped provide for his children and he is always drunk,high or in jail. My question to you is are they covered under the Indian Child Welfare Act of 1978(25 USC 1901-1963)? I need to know in order for my children and I to be safe. Please contact me and let me know. I am in desperate need to find out. …Thanks so much for taking your time to help me and my children.

UPDATE November 26, 2006

Lisa,  Since I have spoken to you I havent been able to come up with anything. I have yet to file for divorce because I am scared of what my husband (ex) will do as far as his rights in the nation. I need to get blood work done on my 3 children to see about how much native they are. Then depending on that I will file for divorce. I dont know where I can get that process done,so if you know please let me know. My ex and I have gone to court for obligated child support. He hasnt paid in two years usually in jail and barely holds down a job. He told me after court that he was gonna quit his job before he pays me child support. He has also threatened to take me for custody of the children. I left about 2 1/2 yrs ago and he has never had the kids more than two days at a time I am worried about my childrens welfare, is there anything I can do?