My ex husband filed our divorce in tribal because he thought it'd be "cheaper" and he'd have the upper hand. I just want the case to be heard in nuetral territory. That's all. They aren't recognized but the ex is.

Then re-read what's been posted - your case is in a Court which has NO jurisdiction over you and your children UNLESS you consented/agreed to Tribal Court.

That's how you get it transferred - you never consented to Tribal Court. Tribal Court ONLY has jurisdiction if you agreed or consented.

You can't say, "Well, I don't like the way this is going. I'll move to another Court." You need a legal reason.

I am guessing this may be that reason - again, unless you consented/agreed/didn't make an objection until the tide turned against you.

I never consented to it. He filed behind my back.

Move to dismiss for lack of jurisdiction.

I keep telling OP the Court does not appear to have jurisdiction - next we'll be preparing the motion papers!

My question is whether the lack of jurisdiction and desire to move the case came before the custody order was handed down or after.

I don't know - and I bow to AK's experience and credentials - that you can "simply" decide the decision was "against you," and, therefore, you want a more favorable forum. It is going to look exactly like what it is - Court shopping instead of Attorney shopping.

There was a Guardian ad Litem appointed. The GAD ruled against the OP - now there's a jurisdiction problem.

The divorce was heard by Tribal Court and granted by Tribal Court - thus the "ex" and "current" husbands and whose criminal record is better or worse. I don't see an objection to jurisdiction at any time... until OP lost the custody battle. GAL gave the reasons for the recommendation. GAL now won't talk to OP - not uncommon in my State. GAL does his/her job, makes a recommendation, moves on. Doesn't discuss his/her report with the parties for any reason, endlessly. GAL has no need/desire to defend that report.

I'll be curious to see how a Motion plays out. I'm assuming Oklahoma Judges are far from stupid.

Nothing had been completely decided. And for the record I've been trying to move my case from the beginning. My ex even stated that he was going through tribal because he knew he could win. As far as the GAL I asked him specifically if he knew all the details and he stated ( which I have the recording of the conversation we had) he hadn't had time to thoroughly investigate. As far as my daughters best interests , once again, I recorded him stating that the children will "get over it" . Being a full time mom for 8 years has shown me kids don't magically get over anything. I have provided many many items of documentation that would be beneficial to my case but again the GAL doesn't have the time to go through it yet the judge asked him to get it. The ex husband up until 3 days ago didn't have a home and frequently house hopped when the girls were with him. The GAL admitted twice now all he did was scan my husband's record before making a recommendation. In the past I had another GAL on a different case who explained her job and what she was entitled to do. This GAL didn't do but half that. He didn't interview all the parties involved. Just my ex. And when I read the report on what he had told the GAL I was in shock. He made many false accusations against me and my husband. This all coming after my mother told me the ex is just now realizing that we Will never be together again. So it sounds to me like he found a weak spot and is using his "power" in tribal court so to speak to get back at me.

Okay, we're getting somewhere. So you've ALWAYS objected to Tribal Court. That's good. I was not aware if/when/how you can record someone (the GAL) in Oklahoma but it's good that you can.

Can you ask for another GAL? I still don't know what you mean by "scanning" your present husband's record. Any information on anyone in the household is important when children are invovled.

I would file a Motion to move the case AND I would ask that the GAL be removed and replaced with someone else. Have your children been interviewed by a social worker, therapist, someone else who can make recommendations about what is in their best interest?

Me and my husband see a marriage counselor who wrote a letter to the judge and whoever it concerned that my husband is niether violent nor a threat to my children. And also said he's a positive role model in my children's lives . As far as scanning a record if you get on odcr.com and put in a name an overview of their record comes up. You have to click into each individual case to get information. The GAL only seen the overview. I've tried countless times to get an attorney but you have to obtain permission to represent in a tribal case. And not many attorneys in Oklahoma have that. In fact a vast majority of the dockets in sac n fox are pro se. I've seen a tribal mother who hadn't seen get children in 3 years and was actually unable to pass a drug screen that day handed overnight visitation. Meanwhile non-tribal mother who has had full involvement with her children and had a tribal ex who had been incarcerated and they allowed him liberal visitation just like that. It starts looking more then biased after seeing case after case with closely the same features and the
Outcomes are always the same. And the demeaner of the GAL (who's the same person throughout these cases) is always the same : rude and shallow.

Indian Rights - as I said - are a very big issue in NY. I've seen gross miscarriages of justice in the name of "Tribal Law." The non-American Indian is at a great disadvantage.

I understand why - Native Americans were taken from their parents for no reason and sent to "white" schools. Parent lost permanent custody for no reason, without any rights. It was an unfair nightmare.

All that aside - are you thinking of representing yourself?

We've been pro se . As I stated in my previous statement almost all the cases in sac and fox are pro se.

I didn't know "almost all the cases" includes you.

Then what are you asking? If you can file a Motion to move the case?

Yes, you can.

Here's the wording in California - you'll have to pull your State's laws, make your own argument, but it's a start. I do not see anything similar for your State.

You would have to go to a law library or, if your Town's library is sizable, look there.

The guardian ad litem assigned to my case is being impossible at this point. When me and my husband visited with him (which we called and had to set up ) he didn't ask one thing about my daughters (whom the reason he was appointed and other back ground info can be found in previous posts.) And was hostile when we spoke. I have recorded our conversations and he has told me my daughters will "get over it" as far as not wanting to stay with their father. He has interviewed other people on our witness list and when he can't get anything negative out of them regarding me or my husband he gets rude and spiteful with them as well. ( He got for lack of a better word flat out ty with our marriage counselor of all people because she told him that we were amazing parents) I don't know what to do as far as this goes. Courts in a month and I'm so scared of losing custody of my girls that I can't eat or sleep and it is affecting everything now. Its as if the more this man digs the less evidence he has to support his reasoning behind simply handing over custody of my girls like they are merely a possession. Heck the 3ed girlfriend of the ex husband is moving in now with him which is strictly frowned upon in Oklahoma courts and I can't even bring it up to the guardian ad litem because it falls on deaf ears. Please help :(:(

Will the GAL be issuing a report to the judge or simply make recommendations to the courts? If a report is provided then you have the right to crossexamine and question it if its not accurate. At this point you are stuck in a waiting game. If you do crossexamine the GAL do not attack them in the courtroom. Be calm and present facts that show the contrary to what is being said. Don't use hearsay as evidence. It won't be allowed.

He issued a recommendation n July. His report stated that according to the plaintiff (the ex husband ) my husband was violent and abusive. There's been absolutely nothing to back that up. The more stuff we pull up and the more the GAL digs the more his recommendation looks wrong. I plan to ask him about all of it in court n Sept when we go back. I'm just at a loss right now. The GAL has absolutely no interest in my girls well being. :(

The GAL is not on your side and you should have your own attorney ( did not see mention of it)

It is the GAL duties to find out what is in best interest of the child. They are not there to be your friend and will often assume the charges are correct till thy are proven wrong.

Perhaps having a girl friend moving in is frowned on, in your local courts but nationally, has little to do with custody. Is there anything you have to show he is not a fit father ?

How close to each other do you live ( since if you live close enough joint split custody may be a option they look at)

The ex husband has subjected the girls to multiple other women and up until a week ago hadn't had his own place in a year or more ( not sure on an exact date due to him not being honest ) we are in tribal ( sac and fox -Oklahoma ) . I understand the GAL isn't my "friend" and trust me that I wouldn't associate with someone that crass or selfish willingly. My 5year old daughter doesn't even want to live with him which is really saddening. We live 30 min away. The judge granted him liberal visitation last year but never practiced it. He told the judge I never let him have them which is definitely not true. I've talked to multiple attorneys and while they won't accept the case because its tribal they have advised me that because I'm not tribal its going to be harder for me to win.

In a legal matter the word "friend" refers to someone who is on your side, not someone with whom you socialize.

In my area, at least, it is not the "job" of the GAL to ask you questions about the children. It is the "job" of the GAL to gather information about you and your husband in order to determine what is and what is not in the best interest of your children.

The GAL represents the children and should remain partial. If you get shut down when you try to bring up information against your "ex" hopefully the same thing happens when your "ex" tries to bring up information which is harmful to you.

There is a lot of background in the other threads, I believe six of them, background which is necessary in order to understand the complete situation.

That's the problem . In the recommendation it has all this stuff that my ex had said to the GAL about me and my husband . None of which is true. When we tried to voice our concerns towards the ex and the environment he is having the girls in he said he didn't Want to hear it. If your going to ask one side about their concerns shouldn't it be fair across the board?

Maybe he's already made up his mind, decided what he will recommend, and simply doesn't want to put in any more time.

I've done some investigative work for GALs and I've never seen anything other than fact, proven fact, in a report.

It is unusual to put "he said, she said" in paperwork.

Well in this case he had been proven wrong. He called out marriage counselor and asked her what we have discussed (we gave her written consent to discuss everything with him) and she called me saying he was a jerk towards her. He kept "digging " and after approximately 30 min of what she guesses was him not getting the information to back up that my husband is "violent" or "abusive" he got even ruder with her and hung up.