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Mrsbutzke15

child custody/gaurdianship conservator/parental kidnapping

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Okay my son's dad's parents have a gaurdianship / conservatorship with my son. My son's dad signed the paper with no problem and I took it to court without having a lawyer. I had a drug problem and the judge told me I had to go to treatment, finish probation, have a home, be financially stable, and stay clean. I have completed all of this. My husband, not my son's father, and I have a home and are financially stable. I graduated probation December 2014 which was when I was suppose too, I had absolutely no problems on probation. I have been clean for 2 years and 2 months. My son's grandma who has gaurdianship / conservatorship had told me that we don't have to go back to court for this but then she says we do and her answers change all the time. She is part of an Indian Tribe out of South Dakota and is trying to get the Tribe 'high council' (don't know the correct term) involved to get full custody of my son so she can take him and move to Pennsylvania. I guess I just want to know being his mother and not loosing my rights if I can pick him up now bring him here and not take him back without getting charged with kidnapping or anything. The judge signed off on this in Jan 2014 and told us it has to be renewed each year in January but I haven't seen no paperwork or haven't signed anything for this year 2015. Please I need legal help, answers, anything! It would be greatly appreciated! !

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My son's grandma who has gaurdianship / conservatorship had told me that we don't have to go back to court for this but then she says we do and her answers change all the time.

 

What does "this" refer to?

 

 

 

I guess I just want to know being his mother and not loosing my rights if I can pick him up now bring him here and not take him back without getting charged with kidnapping or anything.

 

If the paternal grandparents have a court-ordered guardianship, then they call all the shots until and unless the court enters a new order that terminates the guardianship.

 

Especially if there are Indian/tribal issues involved here, I strongly suggest you consult with an attorney ASAP about seeking to terminate the guardianship.

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"This" is referring to the courts. She had once said we wouldn't need to go back in front of the judge for me to have my son back and that I can have him when I'm ready. There is no indian/tribal issues yet but she is trying to go through them to get a full custody to move out of state because as of right now it's illegal for her to do so. Are you a lawyer or something of that suit

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Mrsbutzke15,

 

Thank you for the post.  Are you and your husband able to afford the services of an attorney?

 

This boils down to having an attorney start the process of returning your child to you. Its not absolutely necessary, but it would be much easier that way.

 

The FindLaw.com Team

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"This" is referring to the courts.

 

That doesn't make any sense.  You wrote that your "son's grandma . . . told [you] that [you] don't have to go back to court for this but then she says [sic] [you] do."  If "this" refers "to the courts," then you're saying that she "told [you] that [you] don't have to go back to court for the courts but then she [said] you do," and that obviously doesn't make sense.

 

 

 

She had once said we wouldn't need to go back in front of the judge for me to have my son back and that I can have him when I'm ready.

 

That's what I thought you were saying.  Obviously, she could give your son back to you at any time.  However, the guardianship can only be terminated by court order (unless the guardianship order contains some sort of automatic termination provision).

 

 

 

There is no indian/tribal issues yet but she is trying to go through them to get a full custody to move out of state because as of right now it's illegal for her to do so.

 

You're contradicting yourself.  If she's "going through" the tribal court to get permission to move then Indian/tribal issues certainly do exist.  What doesn't make a lot of sense is why she would go through the tribe to do this, unless the guardianship order was issued by a tribal court.  Was the guardianship ordered by a South Dakota Circuit Court or by a tribal court?

 

 

 

Are you a lawyer

 

Yes.

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No. The guardianship case was filed through Dawson County Nebraska Courthouse. I went to pick my son up a week ago and his grandmother just randomly told me "I'm going to try to see if the Indian tribe will give me full custody" . the Indian tribe has absolutely nothing to do with this except for the fact that she is Indian and says they can overpower what the Dawson county court says.

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Mrsbutzke15,

Thank you for the post. Are you and your husband able to afford the services of an attorney?

This boils down to having an attorney start the process of returning your child to you. Its not absolutely necessary, but it would be much easier that way.

The FindLaw.com Team

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The guardianship case was filed through Dawson County Nebraska Courthouse.

 

Then that's where you'll need to file to terminate the guardianship.

 

 

 

the Indian tribe has absolutely nothing to do with this except for the fact that she is Indian and says they can overpower what the Dawson county court says.

 

That's obviously nonsense.  However, things can get very complicated when a child has Indian blood, so I suggest you take action as quickly as possible.

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Mrsbutzke15,

 

So shes claiming the tribe has jurisdiction because the child is part of the tribe (though the child's father and grandmother) Thats how they potentially would have a say in this.

 

Take a look at the following:

 

"Indian children involved in state child custody proceedings are covered by ICWA. A person may define his or her identity as Indian but in order for ICWA to apply, the involved child must be an Indian child as defined by the law. ICWA defines an "Indian child" as "any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe" (25 U.S.C. § 1903). Under federal law, individual tribes have the right to determine eligibility, membership, or both. However, in order for ICWA to apply, the child must be a member of or eligible for membership in a federally recognized tribe.

ICWA does not apply to divorce proceedings, intra-family disputes, juvenile delinquency proceedings, or cases under tribal court jurisdiction."

http://www.nicwa.org/Indian_Child_Welfare_Act

 

The FindLaw.com Team

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Mrsbutzke15,

 

You can use our directory to find a Nebraska family law attorney.

 

Here is a link  to some free sources for legal aid assistance in Nebraska:

https://supremecourt.nebraska.gov/self-help/7241/where-go-help-if-you-cannot-afford-lawyer

http://nebraskaccess.ne.gov/legalaid.asp

 

The University of Nebraska College of Law Clinic may be of particular help for you also.

 

The FindLaw.com Team

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