Birth Father – son only 13% heritage from contesting tribe

April 25, 2006

Good Morning,

I am currently involved in a custody battle over my son in the …. Tribal Court.  My son is 35% Indian Blood, I have no Indian blood.  My son lives with me in Texas.  Jurisdiction was “retained” by the …Tribal Court when I recently attempted to fight it.

The attorney I retained is also a criminal defender for the … Tribal Court.  I have a suspisions something is not right with my attorney, and the judge/Tribal court handling this is not on the up and up.

Do I have to abide by their rules?  Did I have to even origianlly answer to the intial summons?  I am lost….please help.

 

UPDATE May 11, 2006

My child has a total of 35% Indian Blood [only 13% from contesting tribe] not too sure on whether or not my son was/is eligible to be enrolled [in any of his three tribes of heritage]

The ICWA was not included in the final decision; the UCCJEA codified by the ….Tribal Code was the reasoning for the …Tribal Court
“Retaining” jurisdiction.

I am a loving father in fear of losing my son.  Any and all support means alot to me. Thanks for your response.

… the Tribal Court claims my son has a close connection to the Nez Perce Tribe becuase of his mother living there, and he also has cousins and uncles.

UPDATE June 20, 2006

things are good … right now, I borrowed some $$$ (now in hugh debt), hired an attorney …, and sued her from (my state). I appealed the Jurisidiction ruling in (their state) , which is still pending, also I now have two courts …fighting Jursidiction pending the outcome of my appeal ….  Thanks for keeping in touch. I will let you know what happens as soon I hear something. Keep us in your prayers.

UPDATE May 2, 2007

My son is still here. I contested Jurisdiction, …Tribal court ordered they have Jurisdiction. I appealed their ruling, and while ther appeal was going on I sued the mother from Texas. Several months passed, again my son is still here. (Tribe) again claimed they were going to hold Jurisdiction. The Texas and Tribal Court are communicating whether or not to transfer Jurisdiction to Texas. It’s up in the air right now…should know something soon. I’ll let you know. Family here is doing great, thanks for asking 🙂