Legal Question in Native American Law in Michigan

Re: Tribal Law

Membership is determined by each tribe. It varies and in some cases it follows the mother and in other the father. However, membership alone will not determine custody in a dissolution. I presume you are separating or divorced. I would recommend you see a local attorney. If you have not filed and you are a non-Indian your best course could be to stay in State Court. State Court is the normal court for all the rest of us non-Indians. State Courts have procedures and written rules which some tribal courts lack. Hence you run the risk of racial prejuice - anti-white or pro-indian depending upon your view. Once the state court has ruled on custody the tribe will not be able to change it. They may try but you have recourse.

Each tribe is a separate nation and has its own laws. However, it must honor the laws of another trible (ie white tribe - state court) If it does not the State Court or Federal Court can issue a writ and have your child returned to you. Thus, get into state court first if possible.

Good luck - retain an attorney in your state.