I want to file suit against local and state government?
in 1983 the county that I reside in new york . took my parental rights . and as a native american. my children were supposed to be protected by the native american child welfare act 25-19 inacted in 1978 .if you read the statue it reads that this should never of happened . then on top of all this the child support unit charged me to pay support for not only my child but my ex wife filed for support for my deseased son and a daughter who was not mine .and i paid for both for twenty years. now since i was done wrong by both the state and the county I would like to have someone give me the knowlege to file against them both in our peacemakers court .on the reservation but what papers do I file
Answers:
first question. WERE you ENROLLED at the time this happened?
If you can answer YES to that question, Call your tribes ICWA worker, and they'll know what to do.
If it was NO, and your only RECENTLY enrolled, time does not go backwards.
and WHY did you wait 24 YEARS to decide you were "done wrong"? That being said, the ICWA does NOT apply to couples getting a divorce. Contact your tribal authorities for details, suggestions and any other help they may be able to provide.
I heard this from my daughter in law.
You do have rights. Why don't you google to one of the native american societies...there are so many of them out there.
When I was doing research on something else. You guys have rights up your yang yang.
You have rights all over the internet. JUST GOOGLE!
you really need to get a lawyer. Doing this on your own will be difficult, especially if you don't have a legal background.
More to the point, as someone who works for a local government, suing both the state and local government will be time consuming. Without a lawyer, both governments can drag out the process and bankrupt you in the process, just find a lawyer
I think if you go to court and explain them the situation, they will give you the necessary forms to fill out. I also think, in this case you really need a lawyer to sue the local and state government.
without reading all the paperwork on the case one can not give and informed answer
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