Friday, May 30, 2014

Does the ICWA protect me as a non-Native parent from having my rights terminated as a parent by a Indian Tribunal?

Q:  I recently lost all right to my kids in a native american court. Can the ICWA help me as a non-native biological parent? If not, Do i have any recourse at all? I have already been through the appeals court which upheld the decision.

A:  David's Answer:  If you already tried to challenge jurisdiction of that court & lost, then the ICWA would generally give that court authority to terminate your parental rights. It may be worth it to schedule a consult with a Family Law attorney in your area who is familiar with the ICWA for a full assessment.   -- David Bliven, Westchester Family Law attorney (

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