Some Native American tribes exiled husbands that divorced without good reason. Some tribes forbid divorce if there were children. Aztecs did not allow divorce at all.
Locally, the Seminole and Miccosukee federally recognized tribal courts have jurisdiction over divorce and custody, however there have been notable cases where state and even federal courts have found jurisdiction over the tribal family courts. The “Baby Veronica” case, which went all the way to the US Supreme Court involved a family where the mother was native American (Miccosukee) and the father was not native American, clearly showing that there are complexities where Tribal Law intersects with state and federal law.
Tribal customs, and laws, often intersect with state laws, often in contention with the Uniform Child Custody Jurisdiction and Enforcement Act. raise occasionally vague questions in the area of native American divorce.
If you are involved in a divorce action, where one or both partners are native Amercian, we strongly recommend legal guidance.
Whatever your divorce related legal needs, we encourage you to contact the Brandon Legal Group for an initial consultation. Your initial consultation is generally without cost to you.
