Does an Indian tribal council have any say in termination of parental rights when the mother is white and the father is native American

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Does an Indian tribal council have any say in termination of parental rights when the mother is white and the father is native American

In this case the paternal grandparents are Pima (grandfather) and Navajo (grandmother). The child’s natural mother is white and the father is in jail after having been convicted of a felony of child sexual abuse. The mother of the child wants to remarry and have the father’s rights terminated.

Asked on March 25, 2009 under Family Law, Utah

Answers:

Denise Ferguson / Denise Ferguson Attorney At Law

Answered 15 years ago | Contributor

Yes the tribes can likely have input and stop the termination of rights of the father. That would require an attorney with tribal law experience to determine how that could be avoided. Please consult an attorney familiar with tribal law in order to pursue all of your options.


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