July 13, 2006
I am a native American and I have a unique situation that I am trying to clarify. I have a ex-wife that refused my visitation for over four years and hired an attorney where this attorney wrote me threatening letters that he would have me put in jail for stalking, and trespass if I attempted to see my son. One month after our divorce was final she filed an attachment on my wages not even giving me a chance to pay my support. To make a long story short I lost my job,vehicle,my home and now I couldn’t pay my support. I have not seen my son since 1999 and I eventually by force gave up my parental rights. I would call this fraud and duress under the ICWA definition. There has been no violent past or substance abuse, just a hateful women. She would tell me if I want to see my son I would have to come up with some money. I had no money at the time to take her to court and fight this. Well, I ended up loosing my rights. The positive thing about this whole situation is she and her attorney failed to acknowledge the ICWA and never made mention of my Native American background to the courts. They preformed the termination of parental rights and her new husband adopted my son without following the ICWA guidelines. I never appeared in front of a judge for a trial and there was never any contact with my tribe or the B.I.A. I have since gotten back on my feet, paid off all my support, and now pursuing a law suite against her for violation of I.C.W.A. This will take place in Wyoming. You can’t imagine what she has done to me.
My parents and I just concluded a law suite for Grandparents rights and won. The Wyoming Supreme Courts ruled that our case was constitutional and the Judge said he would hear our case. To make a short story of this we have been fighting for a year and half for my parents and finally got what we wanted. They settled out of court and agreed to our stipulations for Grandparent visitation with my son. I have been studying the ICWA very close and I feel I have a very good shot at getting everything set aside do to their fraudulent misrepresentation to the District Courts to include the duress that impacted me from the threats from her attorney. He wrote in one letter that it would be less more favorable for me later if I didn’t give up my rights now and told me that if I didn’t give my rights up he would take them by force. I had no clue at the time so I believed him. Now I know. Also my ex wife knew I was a member of a tribe where she has admitted it in a deposition last October during the Grandparents rights Case we filed. I could sure use all the help I can get if you have any additional information or opinion. Thank you very much for your web-site!
– I am filing an I.CW.A case against my sons mother for fraud and duress and not complying with I.C.W.A. when adopting a Native American Child/Termination of Parental Rights. She knew I was Native American and failed to inform the Courts along with her Attorney. Please say a prayer for me………
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