I live in north dakota and was with an American Indian and got pregnant. My baby is now 15 months old and the father had a paternity test done and it showed the baby is his. He is married and they are threatening to file for custody just because he doesn't want to pay any child support and he has never seen the baby or ever wanted anything to do with her. Just wondering if he has any real chance of getting custody? There is nothing in my past that they can use against me either. And also, I have heard he wants custody so he can take her to his tribe and have her registered which I don't want her registered as an American Indian, because I was told it's much easier for the tribe to take the child away then. what should I do? should i get a lawyer now, or wait when i know i do need one?

Are there any custody orders in place?

If there are he would need to prove that being in your custody is not in the child's best interest. Just because he doesn't want to pay child support is not enough of a reason, I would think in any state.

Are there any custody orders in place?

If there are he would need to prove that being in your custody is not in the child's best interest. Just because he doesn't want to pay child support is not enough of a reason, I would think in any state.


There are no orders yet, the state hasn't even set an amount yet, not that i'm aware of anyway, and the dna test results came back january 26th already. i called the state's child enforcement unit yesterday and they said papers were sent out to him on the 9th of may, but i didn't get any copies of these, and they said the papers are 'certificate of readiness to go to trial' and he has 20 days to respond....either go to court or pay. i just don't know if i should retain a lawyer now, or wait and see if it goes to court.

There is virtually no chance of being able to prevent dad from registering the child with his tribe. There is also a chance that the tribal council could end up hearing the custody case. You really need to make an appointment with a tribal lawyer instead of a regular family law attorney.

There is virtually no chance of being able to prevent dad from registering the child with his tribe. There is also a chance that the tribal council could end up hearing the custody case. You really need to make an appointment with a tribal lawyer instead of a regular family law attorney.


alot of people have told me he just can't go and get her registered cuz he doesn't live on the reservation, he lives just 2 blocks from me. he wanted me to settle on $250/month, but i am getting help from the state and they are the ones after him for child support and i don't know if i even can settle with him...if it were up to me, i wish he would give up his rights....i could care less about the money. i thinks that's the only reason he is threatening to fight for custody, just so he can get her registered and get more money from his tribe. he already has 3 boys from his first marriage; his wife has 1 from her first; and i don't know if the last one is his or not, he says it is but she has the wife's previous married name. i don't even know if he actually IS going to fight for custody, i've just been hearing he is going to from mutual friends, guess i wait and see if he fights the papers they sent out on the 9th.

alot of people have told me he just can't go and get her registered cuz he doesn't live on the reservation, he lives just 2 blocks from me. he wanted me to settle on $250/month, but i am getting help from the state and they are the ones after him for child support and i don't know if i even can settle with him...if it were up to me, i wish he would give up his rights....i could care less about the money. i thinks that's the only reason he is threatening to fight for custody, just so he can get her registered and get more money from his tribe. he already has 3 boys from his first marriage; his wife has 1 from her first; and i don't know if the last one is his or not, he says it is but she has the wife's previous married name. i don't even know if he actually IS going to fight for custody, i've just been hearing he is going to from mutual friends, guess i wait and see if he fights the papers they sent out on the 9th.

I have no idea what the rules of the tribe are as far as registering the child. I do know that there is no court that is going to block dad from registering the child if it is allowed by the tribe. Depending on the area you live in, many times, civil court will cede jurisdiction to the tribal council if it is requested.

I thought tribal jurisdiction cases where U.S. courts stepped back were usually when both parents were part of the tribe(s)? Just asking, but it would seem to me that if one of the birth parents were not native american then they could file petitions to have their rights protected outside of tribal courts? I don't pretend to know.

I thought tribal jurisdiction cases where U.S. courts stepped back were usually when both parents were part of the tribe(s)? Just asking, but it would seem to me that if one of the birth parents were not native american then they could file petitions to have their rights protected outside of tribal courts? I don't pretend to know.

Like I said, it depends on the area (and also the judge). Some areas that have a large native American population and sympathetic judges are more likely to cede to the tribunal when only ONE parent is a native American. It is more difficult to protect the child's Indian heritage in a non-tribunal court then the other way around. In some cases, BOTH courts will work together to protect BOTH sides of the child's lineage.

Even if it is heard in a tribunal court and dad is given 100& custody, that order would most likely not be enforced outside of the reservation because it is an unreasonable judgement (unless of course mom is PROVEN to be unfit).