Understanding Custody Cases on Native Land
So what do you do if you’re trying to start a custody battle or trying to get custody of a child who is a member of a Native American tribe and lives on tribal land? Hi, my name is Carl Birkhead. I’m a Tulsa child custody attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to help you make law easy by talking about what to do when you’ve got a custody situation that deals with tribal land or tribal membership.
There are a couple of different ways to approach this situation. First, you can determine which county the tribe is located in and file for paternity and custody through the state court in that county. Alternatively, depending on the tribe, you may be able to go directly to the tribal court and file for custody and paternity there.
State vs. Tribal Court for Custody Cases
Filing through the tribe’s court is often a faster and more straightforward process since you don’t have to navigate the Indian Child Welfare Act. If the child is a member or eligible for membership in the tribe and resides within its jurisdiction, the tribal court has the authority to make custody decisions. The process is similar to state court proceedings—tribes have their own law and order codes, which sometimes mirror state statutes but may also differ in certain aspects. However, the core principle remains the same: custody decisions are based on the child’s best interests.
One key advantage of tribal court is that cases tend to move more quickly than in state court. Additionally, tribal courts may have fewer procedural requirements. For instance, state courts often mandate parenting classes during custody proceedings, while tribal courts typically do not.
Tribal Court Jurisdiction and Your Rights
Importantly, you do not have to be a member of the tribe to pursue custody through tribal court. As long as the child is a member or eligible for membership, the tribal court can exercise jurisdiction and make custody determinations. In most cases, the child also needs to reside within the tribe’s territory, though this isn’t always a strict requirement. If tribal jurisdiction applies, this route may be a more efficient way to assert your custodial rights.
Get Help with Your Custody Case
If you have questions about this, absolutely give us a call. My name is Carl Birkhead. I’m a Tulsa family attorney with Wirth Law Office, and I want to help you make law easy. Call us at 918-879-1681 to schedule a low-cost initial strategy session and take the first step in resolving your custody case.
