Can A Florida Court Decide Child Custody In A Case Involving Members Of An Indian Tribe?
Posted By Posted by Stann Givens on Jan 21, 2011 12:35pm PST || Jan 21, 2011
Native Americans who remain a part of a tribe are subject to different family laws than those affecting the rest of the population. For purposes of child custody, the Indian Child Welfare Act provides that child custody decisions made by an Indian tribe shall be valid.
The best Tampa family law attorney would advise you that Florida divorce judges will treat any such custody decision the same as if it were made by a court of another state. The Indian tribal ruling will be upheld unless it can be shown to be made under circumstance not in conformity with the jurisdiction standards of the Act.
Bottom line: If you are the parent of a Native American child, your expert Florida divorce lawyer can review the facts in your situation and advise you if there are jurisdictional problems related to the custody of your child.