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Mija827 · Sep 16, 2008, 08:20 AM

I'm 17 and I recently had a baby with a guy who after I got pregnant didn't want anything to do with us and told people we were trying to tie him down. His mother also said very mean things about me in regards to paternity of the baby. Now that my daughter is born she wants to be involed and made all of these demands, like she wants to see her or she'll fight me in court for her and she wants his name on the birth certificate and wants my baby enrolled in their tribe ( If she is enrolled in his tribe they will get jurisdiction over my tribe) My father wanted me to push Statutory charges on him because he was 19 and I was 16 when I got pregnant, and since now he is getting on disability. Can she fight me for rmy baby and what am I supposed to do? And if he does get on disability does my daughter get anything from it?

JudyKayTee · Sep 16, 2008, 08:31 AM

Originally Posted by Mija827

I'm 17 and I recently had a baby with a guy who after I got pregnant didn't want anything to do with us and told people we were trying to tie him down. His mother also said very mean things about me in regards to paternity of the baby. Now that my daughter is born she wants to be involed and made all of these demands, like she wants to see her or she'll fight me in court for her and she wants his name on the birth certificate and wants my baby enrolled in their tribe ( If she is enrolled in his tribe they will get jurisdiction over my tribe) My father wanted me to push Statutory charges on him because he was 19 and I was 16 when I got pregnant, and since now he is gettin on disability. Can she fight me fo rmy baby and what am I supposed to do? And if he does get on disability does my daughter get anything from it?

Are you on a reservation? If so, tribal law supersedes State Law in all aspects so it's important to know that. If you are on a reservation you would have to go to tribal court to get this resolved.

Mija827 · Sep 16, 2008, 10:08 PM

No offense but that did not answer my questions. I do live on a reservation but since my daughter is not enrolled in any tribe tribal court has no jurisdition, which is why she wants her enrolled here, if my daughter is enrolled in my tribe we would have to go through my tribe, but since she and her dad are not enrolled at the present time the tribe has no jurisdiction until she gets enrolled.

JudyKayTee · Sep 17, 2008, 06:35 AM

Originally Posted by Mija827

no offense but that did not answer my questions. I do live on a reservation but since my daughter is not enrolled in any tribe tribal court has no jurisdition, which is why she wants her enrolled here, if my daughter is enrolled in my tribe we would have to go through my tribe, but since she and her dad are not enrolled at the present time the tribe has no jurisdiction until she gets enrolled.

Nothing can be done until someone files for custody and/or support. Then the Court will decide what is reasonable.

Yes, if the father goes on disability and you have a support order in place support will be paid from the disability money.

And, no, his mother has no right to custody. She, of course, will visit with the baby when he has the baby.

If your father has the father arrested for statutory rape and the father is sent to prison you will receive no child support because the father won't be employed - or collecting disability.

And, as you said, once someone enrolls your daughter in either tribe State law is out of the picture. If the father is smart he'll look at this from all angles, as should you. Very often tribal law is much "harsher" than State Law, support is ordered at a higher amount.