Tribal authority, state in dispute over child custody case

Parents claim that their child was snatched from them due to false allegations of abuse. A state senator has spoken out, asserting that the tribe overstepped its legal bounds. Unfortunately, a newborn child and two others are caught in the crossfire. This child custody battle, recently covered in the news, may parallel similar cases in California. 

The mother of the children is a member of the Native American tribe, as is the children's grandmother. The grandmother currently has custody of the child. The parents say that the child was taken from them in the hospital just two days after the birth. The parents also claim that the grandmother made false accusations of abuse in order to gain custody of the woman's three children, simply because the father was white. 

The grandmother maintains that the claims of abuse are true. The custody order was granted to the grandmother by the tribal council. When authorities came to retrieve the child, they believed that a federal court order was in place, but there was none. Now, Senator Marco Rubio has stepped in, saying the council has no authority outside of the reservation and that the children must be returned. 

This particular child custody case has escalated up to the highest levels of law enforcement. The family is struggling to regain custody of the children, and an emergency custody hearing has been called by the council. Families in California may also face similar disputes over supposed false allegations of abuse. An experienced lawyer can help a family petition for custody that is in the best interests of the child. 

Source: kmbz.com, "Child custody case erupts in dispute between state and Native American tribe", March 22, 2018

No Comments

Leave a comment
Comment Information

In Solana Beach and throughout the greater San Diego area, Ratzer Family Law is your best choice for experienced representation with personalized service. Contact us online or call 858-925-8099 today.

EMAIL US FOR A RESPONSE

We Want To Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

505 Lomas Santa Fe Drive, Suite 130
Solana Beach, CA 92075

Toll Free: 866-204-7559
Phone: 858-925-8099
Fax: 858-793-7701
Solana Beach Law Office Map