Palmer Rodak & Associates
Palmer Rodak & Associates
Certified Family Law Specialists State Bar of California Board of Legal SpecializationServing your Community for 19 Years
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Tribal court and state court at odds in custody case

Child custody cases in Oceanside may quickly become ugly thanks to the many complexities involved. Often, jurisdictional matters are what hold up custody disputes. Parents (or guardians) who have moved away with children will often want to claim that jurisdiction should be granted to the court for the county in which they currently reside (since the kids are living there). At the same time, the counties that the kids were taken from (while the other parent remained) may assert their jurisdictional right, claiming that the other party simply fled because he or she did not get the ruling he or she was hoping for. 

That is the inference being made in an ongoing custody case between a Montana woman the father of her grandsons (who is a Minnesota resident). A Minnesota court awarded him custody of his boys in 2014 after their mother had been declared unfit to care for them due to addiction issues. The grandmother claims that they boys' father also had his struggles with alcohol, and that he has threatened violence toward her and the boys in the past. However, Minnesota court officials state that he completed mandatory treatment and that he is capable of caring for his sons. 

In response to this, the grandmother fled with the boys to a Native American reservation in Montana, whose tribal court awarded her custody (she is not Native American, but her daughter and the boys are). Bureau of Indian Affairs officials eventually took the boys from her and returned them to their father, yet the jurisdictional dispute has kept their case alive over the last few years. 

Given how complex this case demonstrates that custody cases can be, it is easy to see why those involved may want to enlist the services of an experienced attorney

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Palmer Rodak & Associates
Certified Family Law Specialists State Bar of California Board of Legal Specialization

Del Mar Office
445 Marine View Ave Ste 300
Del Mar, CA 92014

Phone: 858-356-4568
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