Thursday, June 05, 2014
I have a case of dependency where a local, unregistered, Indian tribe claims that the potential father (now deceased) was a member of the Indian tribe, and therefore the child should have been handed over to the tribe instead of placed in foster care.
A motion to intervene was filed on behalf of the tribe.
I filed a motion a motion to dismiss the motion to intervene without prejudice (because of lack of standing and because of the unauthorized practice of law).
The court agreed and dismissed the motion to intervene.
The tribe filed an appeal with our appeals court last month.
I received the DNA on the child today: the child is NOT an Indian, but is the child of the man who is incarcerated. Good news for the child: she is a full sibling of the other two children in the case.
Bad news: the alleged father, who was a member of the Indian tribe, is NOT the father. And so, the tribe is no longer in line to gain custody of this child.
Good news: the proven father may file for custody of all three children when he is released from prison.
Best news: the father will not likely win his motion to gain custody of the children due to the nature of the crime for which he is serving time.
This news made my week. I will file the motion to dismiss the appeals case tomorrow.