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Father of Cherokee Girl Fighting Custody Order

September 20, 2013 by Sheridan & Dulas, P.A.

The number of child custody issues in Minnesota must be very large. With so many families living in the state, divorce is bound to happen. When the split is between parents, custody of the children must be determined. Some cases are easier than others, usually those with parents who are willing to work together and share joint custody, raising the child as parents and friends. But then there is the opposite end of the scale: parents who are willing to do anything to have custody of their children, whether its legal or not.

The biological father of a Cherokee girl at the focus of an adoption clash is fighting an order from the Governor of Oklahoma that he return to South Carolina to answer charges of parental interference. The governor signed the order, saying that the girl’s father wasn’t negotiating in good faith with the couple from South Carolina who adopted the now 3-year-old girl. The local sheriff said the father was released but is fighting extradition.

The girl’s father has been fighting the South Carolina couple for custody of her for some time. The girl’s birth mother, who is not Native American, was pregnant when she put the girl up for adoption. The South Carolina couple had been chosen to receive custody of her since 2009. The father and his family claimed the Indian Child Welfare Act directed that the child be raised within the Cherokee Nation, and he won custody when the girl was two-years-old.

The girl’s father won child custody under the Indian Child Welfare Act, but the U.S. Supreme Court ruled he couldn’t use the law. A South Carolina judge later sided with the couple. The girl lives with her father’s family in the Cherokee Nation. He’s challenging the case in Oklahoma and tribal courts.

The child custody determination is one that can define the emotional future for a parent and child. The rest of a child’s life can be affected by which parent is given primary custody. Minnesota divorce attorneys can play a critical role in such a high stakes process.

The girl’s father has been fighting the South Carolina couple for custody of her for some time. The girl’s birth mother, who is not Native American, was pregnant when she put the girl up for adoption. The South Carolina couple had been chosen to receive custody of her since 2009. The father and his family claimed the Indian Child Welfare Act directed that the child be raised within the Cherokee Nation, and he won custody when the girl was two-years-old.

The girl’s father won Cherokee girl’s dad fights order in custody case” No author given, Sep. 05, 2013

Categories: Child Custody Tags: Child Custody

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