Contact Us Today 951-715-4632

Cullen Family Law Group
  • Home
  • About
  • Attorneys
    • Heather M. Cullen, CFLS
    • Alexandria Jaquay, CFLS
    • Da Nikka Huss
  • Services
    • Family Law
    • Divorce
    • Child Custody & Visitation
    • Child Support
    • Domestic Violence
    • Estate Planning In Divorce
    • Guardianship & Adoption
    • Legal Separation
    • Military Divorce
    • Property Division
    • Spousal Support
  • Family Law FAQ
  • Testimonials
  • Blog
  • Media
    • Articles
    • Videos
    • California Certified Family Law Specialists
  • Contact
Cullen Family Law Group
  • Home
  • Firm Overview
  • Attorney Profiles
    • Heather M. Cullen, CFLS
    • Alexandria Jaquay, CFLS
    • Da Nikka Huss
  • Practice Areas
    • Family Law
    • Divorce
    • Child Custody And Visitation
    • Child Support
    • Domestic Violence
    • Guardianship & Adoption
    • Legal Separation
    • Military Divorce
    • Property Division
    • Spousal Support
  • Client Recommendations
  • Blog
  • Media
    • Articles
    • Videos
    • California-Certified Family Law Specialists
    • Video Center
  • Contact
  • x Close
EMAIL

CALL

Fast. Fair. Thorough.

Supreme Court hears child custody case for Native American child

On Behalf of Cullen Family Law Group | Aug 1, 2013 | Custody & Visitation |

Residents of California may be interested to learn about a recent Supreme Court decision in a child custody matter. The case is unusual in that child custody matters are generally handled at the state level. However, in this case, a Native American biological father was seeking custody of his child, who is also part Native American. He asked the supreme court of his state to award custody under the Indian Child Welfare Act of 1978. That court issued a ruling in his favor and the child was removed from the custody of her adoptive parents.

The child was sent to live with her biological father until the foster parents filed a petition to have the U.S. Supreme Court review the case. The court’s decision was published recently in which they overturned the lower court’s ruling. They stated that provisions of the Indian Child Welfare Act speak to continuation of custody when domestic issues occur between biological parents. Prior to his initial request for custody, the child’s father had previously signed a waiver of custody rights, transferring full custody to the biological mother. She, in turn, placed the child up for adoption and completed the process with the child’s adoptive parents.

Since the decision was overturned, the child was returned to her adoptive parents. The child’s father has already indicated that he intends to file a new petition for custody. Since the child has been formally recognized as a member of the Cherokee Nation, the Cherokee Nation District Court now has a valid claim of jurisdiction. A thorough knowledge of the laws and procedures of this body would be helpful to this man when submitting his new petition for custody of the child.

While Supreme Court’s decision will not prevent the father from filing a new petition for custody; it does prevent him from using this particular law as the basis of his application. Those in California who may have considered similar cases can now look to this precedent in making their decision whether to proceed. This man may have other arguments in favor of placing the child in his custody. Knowing what other laws may support his claim will be very helpful for this man in his future child custody petitions.

 

Source: tulsaworld.com, “Dad in ‘Baby Veronica’ Indian child case seeks Oklahoma adoption,” Michael Overall, July 9, 2013

Recent Posts

  • Temporary vs Permanent Spousal Support in California
  • Can You Move Out of State With a Child After Divorce in California?
  • How Property Is Divided in a California Divorce
  • What Courts Look for in Child Custody Cases in California

Categories

  • Child Custody
  • Child Support
  • Custody & Visitation
  • Divorce
  • Domestic Violence
  • Family Law
  • Firm News
  • Legal Process & Timelines
  • Military Divorce
  • Property Division
  • Same – Sex Couples & Divorce
  • Spousal Support

Archives

RSS Feed

Subscribe To This Blog’s Feed

Find Out How We Can Help You.

Call 951-715-4632, chat with us, or request a consultation below.

Riverside Office

4094 Chestnut Street
Riverside, CA 92501
951-715-4632

Fax: 951-715-4601

Riverside Office
Cullen Family Law Group

Temecula Office

28465 Old Town Front Street
Suite 321
Temecula, CA 92590
951-715-4632

Fax: 951-715-4601

Temecula Office
Review Us
  • Follow
  • Follow
  • Follow
  • Follow
Pay Invoice

We accept Visa, MC, Discover, AMEX & E-checks.

© 2026 Cullen Family Law Group • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw