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Home > Law > Family Law   »   Un-married stay-at-home infant dad fighting for custody

 
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Old Apr 18, 2008, 06:49 PM
So0icy
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Un-married stay-at-home infant dad fighting for custody

Ok so this is whats going on. My daughter's mother and I have been happily together for 4 years. We started as highschool sweethearts. When she became pregnant, she moved from her parents mobile home, into my parents apartment with me. My daughter's mother, gave birth to my daughter at age 18, I was 20. The baby came home from the hospital to live with ,my parents, my daughter's mother, and me. About 2 months after my daughter's birth, her mother began a full time career. She was young, smart, and, motivated. She is also pursuing further education. I, not intrested in career or further education, began to raise our infant daughter daily from 8 Am to about 7Pm. I would change, bathe, feed, and care for her. When the infant's mother would return from work, she would often take my daughter to see her maternal grandmother and maternal stepgrandfather, or so she said. As i later found out, she was quite often dropping the baby off with them and going out, untill midnite or later. We continued like this, untill my daughter was about 4 months. I was watching my daughter as usual, when me and her mother had a small argument. My daughters mother, then took off to work with my child and never returned. I later found out, and have proof, was that she left me for another man that was living with her parents. She brought over my child once about 2 days after taking off with her, so I could be with my child while her mother worked. While my daughter's mother was at work, i confronted her about this "man" and asked if that was why she was leaving me and taking my child. She responded with the police, and her peeved off family at my door demanding the child. I refused, and the next day she filed for an emergency relief. She claimed that I constantly abuse drugs and have an anger problem. Needless to say she was denied. Later on that same day, my father was outside with my child in his arms. My childs mother and maternal grandmother, knocked him on the ground, and began attempting to rip my daughter from his arms. My father let go to aviod serious injury to the child. I filed for a protective order against domestic abuse for my daughter, against her mother, and my father filed assualt charges against the childs mother and maternal grandmother. My child's mother has now, filed for full custody and is asking me for child support and suppervised visitation, even though I was taking care of our daughter and completly dependent on my daughters mother for finanical support. I can provide my daughter with a smoke-free, drug-free, abuse-free home. I am member of an american indian tribe and have a $50,000 + trust fund for when im 21. This Indian tribe could also provide my daughter with, $8,000 - $10,000 per capita check a year for life, and free schooling throught her life. I have several missdemenor convictions, caused by a troubled time in my early adult life. I have now and have been, since my daughters first cry, dedicated my life to my child. My childs mother, on the other hand has been arrested for drugs with my daughter in the same car. She is now in a drug diversion program, which will sted the drug charge after completion. My child's mother also has a very big, and close family, determined to threaten me, scare me, and lie about me, anything to recieve full custody. The childs maternal family has a history of alcohol, drug, sex abuse. My questions are: What is my next step, how can i protect my self from false accusations ,how can I increase my chance of a continued and meaningful realtionship with my infant daughter, and what is the best way to go about ensuring my daughter will have the best life possible.

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Old Apr 18, 2008, 07:00 PM   #2  
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You need to go to family court and file for custody. Tell them everything and be willing to cooperate like random drug tests or whatever it takes. Tell them everything you can think of. Tell them that you can provide the time and attention your daughter needs, whereas the mom works and doesn't have as much time and has had drug issues. Hopefully at the very least you would get is joint custody with divided visitation.
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Old Apr 18, 2008, 07:58 PM   #3  
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Actually, since you are Native American, your best bet is to go through your tribe. Is the mother also Native American? ICWA (Indian Child Welfare Act) makes it possible for your tribe to basically override the US courts/laws and literally take over the case. I take it from your posting that you are registered with your tribe so you should have access to services that can help you with this.

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stinawords agrees: good advice!!
N0help4u agrees: yeah I was thinking there probably was some Indian organization but didn't know for sure and anything is better than our child protective service system!!!
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Old Apr 18, 2008, 08:14 PM   #4  
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I have no idea about the legal system where you live.
Just wanted to say, sincerely, good luck. I really hope this works out for you.

Kal
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Old Apr 18, 2008, 10:29 PM   #5  
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Where ever you have to go, (court or tribal court) do so, and get full custody of your child. And child support, from the mother.
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Old Apr 19, 2008, 06:46 AM   #6  
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Quote:
Originally Posted by Izannah
Actually, since you are Native American, your best bet is to go through your tribe. Is the mother also Native American? ICWA (Indian Child Welfare Act) makes it possible for your tribe to basically override the US courts/laws and literally take over the case. I take it from your posting that you are registered with your tribe so you should have access to services that can help you with this.

In my area you HAVE to go through the Tribal Council.
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Old Apr 19, 2008, 08:00 AM   #7  
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Quote:
Originally Posted by Izannah
Actually, since you are Native American, your best bet is to go through your tribe. Is the mother also Native American? ICWA (Indian Child Welfare Act) makes it possible for your tribe to basically override the US courts/laws and literally take over the case. I take it from your posting that you are registered with your tribe so you should have access to services that can help you with this.

Thank you, i will be contacting the tribal court. Would it make a difference that the whole custody issue is in maryland, and my tribe is in lafayette louisana ?
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Old Apr 19, 2008, 08:19 AM   #8  
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Quote:
Originally Posted by So0icy
Would it make a difference that the whole custody issue is in maryland, and my tribe is in lafayette louisana ?
I don't believe it would make a difference as it would still fall under the "jurisdiction" of your tribe. Your Council rep should be able to tell you or put you in touch with whoever handles the ICWA requests/matters for your tribe.

In Nebraska, we have several tribes in the area. It doesn't matter which tribe a person belongs to, they all can take over a case from the state's jurisdiction, regardless of where the tribal nation is located. At least there has never been a distinction made that I've come across. (insert "not an expert" disclaimer here... ) Again, your Council rep will be able to give you the most accurate information.
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Old Apr 19, 2008, 08:38 AM   #9  
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Quote:
Originally Posted by So0icy
Thank you, i will be contacting the tribal court. Would it make a difference that the whole custody issue is in maryland, and my tribe is in lafayette louisana ?


There are several Nations in my area and I know people from out of State go back to their own Nation to be heard - why don't you call and ask and then take it from there?
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Old Apr 19, 2008, 10:23 AM   #10  
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I think that contacting the Tribal court is an excellent idea and I think you would have a better chance. Our Child Protective system stinks!
I would could your Tribal Court in Lafayette and ask them what is the best way to go about going through them. Best Wishes!
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