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If an Indian does not live on a reservation does she still have all the rights under the Indian Child Welfare Act?
Wiki User
∙ 15y ago
It depends on how the specific tribe defines membership/enrollment for their tribe. For instance, some tribes say that a person must be at least 1/4 Indian blood in order to be enrolled in their tribe. A determination must be made by the tribe regarding a persons elibibility for enrollment. The residence of the child is not the critical factor---it is enrollment or eligibility for enrollment that is the determining factor.
Wiki User
∙ 15y ago
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Which states have state Indian Child Welfare Acts?
the Indian Child welfare Act (ICWA) is a federal law in the United States; it applies in all states.
How do you get custody if you are a father not married On the birth certificate but your son is out of state on a native American reservation?
If your son is Native American it will be close to impossible to get him away from the reservation due to the Indian Child Welfare Act (ICWA). If his mother is a fit parent they would not take him away from her. if you move to his state you can get shared custody and visitation. To get your parental rights you have to prove paternity with a DNA test and then you can petition the court for custody, visitation and pay child support. But consult a lawyer on this.
What is the full form of ICCW?
Indian council for child welfare
What is the Indian Child Welfare Act?
In the USA, the Indian Child Welfare Act of 1978 set forth standards and regulations for the the jurisdiction of custody matters of Native American Children as they relate to public child protective services issues.
What is presidential Decree 603?
Presidential Decree 603 is the Child and Youth Welfare Code. The Child and Youth Welfare code sets the rights of children.
My child is native American can the father get custudy if is not native American?
The father can get custody, he has to qualify like anyone else. The child is under the jurisdiction of the Indian Child Welfare Act. It depends on lot factors. this just tip of iceberg. what is wrong you? if your able you can care for the child. if you an unfit mother, yes they can award cusody to the father. as long as you stay on the reservation they can't take your child. as soon as you leave reservation they will take your child by force. this is also true for products you buy.
What is the eligibility for icwa?
The eligibility for ICWA, or the Indian Child Welfare Association, is strict. Currently, only Indian children involved in custody proceedings are eligible.
Acronym for icwa?
The Institute of Current World Affairs: www.icwa.org/ ICWA also stands for the Indian Child Welfare Act.
Is a 17 year old child legally emancipated if they are pregnant?
Being pregnant does not emancipate a minor. It does give them certain rights in regards to providing for the welfare of their child.
In California if a mother is on welfare and the father signs all rights of the child over to the mother to stop child support does welfare get shut off for the mother?
No as he can't do that. Not even the courts have the authority to exempt the man from paying child support when Welfare is involved. The mother has no say or authority over the child support. She forfeited that right when signing up. She would have to first give up her claim to Welfare benefits before any action could be taken on child support.
If the father of a child gives up rights to his child in Florida does he have to still pay child support?
No, but he shouldn't try. He can file with the court to give up his rights, but it requires the approval of the mother, and she cannot be on Welfare, now or in the future. If she is, she gives up any right to child support and to making this decision.
Who was the first white child born on an Indian reservation in Wisconsin?
peter pinnou my grate grandpa i am not shure it how you spell his name i wasent even born when he died:(
