Okay, I know that this question is running rampant through the forum, but I must ask it again because I have a little bit of a twist. My ex is a Native American. He says that he can relinquish his parental rights and the state government cannot force him to pay child support because he's protected under the Native American rights and benefits. Is this true? Or is he completely full of it and just trying to threaten me? He has also stated that he can take our son to a reservation and live there for the rest of their lives and I will never be able to see my son again or do anything about it!! Is this TRUE?? Please help!

First
Does he live on a reservation now?
Is he registered with a reservation?
AND what % Native American is he?
Knowing what tribe he is might be helpful too

Many people go around claiming they are Native American and covered under the tribe laws but they are under the assumption that just because their great grandma was part Native American that gives them rights too.

Depending on the tribe, it is possible that they are sovereign and can flout local laws only within the reservation. But that's ONLY within the reservation. If he chooses to live outside the reservation he's subject to local laws.

He does not live on a reservation now and I know he's registered with the Great Plains Sioux tribe, but I'm not sure what percent he is. How do the laws of the tribe affect his responsibility to pay child support? I pretty sure that his threat of taking my son would grounds enough for me to refuse him visitation and not be in trouble with the courts or anything, but that child support thing has me a little worried. I can't afford to feed, diaper, clothe and pay rent, elec, gas... all that junk without it. I'm scared.

He would have to be a high enough percentage in order to be registered. So the percentage doesn't matter now.
Living on the reservation would carry more weight then him just being registered.
I am not sure how much weight just being registered and not actively involved holds.

I will look up what ever I can find now that you gave a tribe.

Quote:

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Originally Posted by ScottGem

Depending on the tribe, it is possible that they are sovereign and can flout local laws only within the reservation. But that's ONLY within the reservation. If he chooses to live outside the reservation he's subject to local laws.

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Okay, so what you're saying is that as long as he does not live on the reservation he is still required by law to pay child support even if he does decide to relinqish his parental rights. I hope that's true. His payments are deducted directly from his paycheck otherwise I would never see it. He is not the easiest person to get along with, if you couldn't tell... don't know what I was thinking!

Quote:

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Originally Posted by N0help4u

He would have to be a high enough percentage in order to be registered. So the percentage doesn't matter now.
Living on the reservation would carry more weight then him just being registered.
I am not sure how much weight just being registered and not actively involved holds.

I will look up what ever I can find now that you gave a tribe.

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The tribe is based out of Nebraska if that helps also. Thanks so much for your help. Also, we have a few reservations around this area, but are a state away from his tribe reservation. Can he move onto any of these reservations and be covered under the Great Plains Sioux laws? Or does he have to live on their reservation?

I would contact the Sioux nation. This page may help:

National Congress of American Indians: Tribal Governments by Area

From what little I know of these situations, tribal councils don't like members using their status as native Americans to get out of their responsibilities. As long as he doesn't live oin the reservation, I don't believe he can hide behind their protections.

I do believe, if you can document his threats, that you can restrict visitation to supervised visitation. Is not get none at all. However, if he does go back to the reservation and the tribe chooses to support him, then you probably won't get support.

There are four tribal governments listed for Nebraska. Three of them have web sites, so it might make sense to contact those. I would create an new e-mail address to contact them through though.

Yes call his bluff if he can not relinquish rights if he moves on to the reservation.
Scott beat me to the link :D
Call them and ask everything you can think of.

Quote:

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Originally Posted by ScottGem

I would contact the Sioux nation. This page may help:

National Congress of American Indians: Tribal Governments by Area

From what little I know of these situations, tribal councils don't like members using their status as native Americans to get out of their responsibilities. As long as he doesn't live oin the reservation, I don't believe he can hide behind their protections.

I do believe, if you can document his threats, that you can restrict visitation to supervised visitation. is not get none at all. However, if he does go back tot he reservation and the tribe chooses to support him, then you probably won't get support.

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Okay, so I just need to stay on my toes. I'm calling my lawyer right now. It may just be an empty threat, but I'm not taking any chances. Thank you so much for all your help. Now, I need to put in a little bit of work before his next visitation and make sure my son can go see him without making me feel so scared. Thanks again, you've been very helpful.

Quote:

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Originally Posted by N0help4u

Yes call his bluff if he can not relinquish rights if he moves on to the reservation.
Scott beat me to the link :D
Call them and ask everything you can think of.

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Thank you, thank you, thank you!! I will...

You MUST speak to and retain an attorney if you don't already have one retained.

Native American Tribal laws are completely separated from US Government laws.

I would say that if he was able to take the child, and make it to the reservation, you could have SERIOUS problems.

I don't have any experience in this matter, but I know of Reservations in NE and SD that would not allow ANYONE on the reservation to attempt to collect payment, or repossess the vehicle that they were no longer paying for.

The finance company was just completely out of luck, and there were NO legal options available.

Also, I had a field collector who illegally went on reservation property, and was chased off by the NA Police, his tow truck became stuck, he had to exit the truck and run on foot to escape. They burned his tow truck to the ground. The local police told him and his employer that there was absolutely nothing they could do about anything that happened on the reservation property. Not only that, but he was very lucky to have not been caught as he could have been jailed by the tribe, indefinitely, and the US Government could do nothing to help him.

It could be a terrible mess and you need legal counsel as soon as you can get it.

Of course, the flip side is that if he does go to the reservation, then the local tribal law will apply to him. And Native American's tend to be very family-oriented, so I doubt that they will agree to let him just ignore his obligations regarding his child.