3-Year-Old Cherokee Girl Granted Emergency Stay With Biological Father

analise-bianchi-no-faceA report from cbs.com says a 3-year-old Cherokee girl has been granted an emergency stay with her biological father by the Oklahoma supreme court. The girl, Veronica, was placed up for adoption by her mother when she was pregnant with her. A South Caroline couple have been trying to adopt her since she was born. Veronica’s father has been fighting the adoption under the Indian Child Welfare Act but it has been a hard fight because the child’s mother is not Native American. This dispute has raised questions about the federal law’s to help keep Native American tribes together. A South Carolina family court gave custody of the girl to her father, a member of the Cherokee Nation, but then a family court in South Carolina later ruled that custody be given to the couple. However, the father refused to hand his daughter over and South Carolina authorities have now charged the father with custodial interference. Both parties are scheduled to appear in court September 10th.

 

The Indian child welfare act of 1978 was put into place to keep native American family’s together after a large number of native American children were being adopted by non-native family’s. The intent of Congress under ICWA was to “protect the best interests of Indian children and to promote the stability and security of Indian tribes and families” (25 U.S.C. § 1902) .

Speak with the dedicated Centennial custody lawyers at Ammarell Deasy today to discuss your options.

Daniel  N. DeasyThey have experience assisting both men and women with custody issues, always working to protect the legal rights and interests of the client, while also protecting the best interest of the children. For more information, contact Ammarell Deasy today by calling (303) 470-3020 or using the contact form on this website.

A Jury’s Verdict

I watched with a great amount of interest the events in Florida with last night’s jury verdict in the George Zimmerman case. I was particularly intrigued with the number of journalists claiming they had predicted the result, and the knee-jerk outcry from certain factions of society about the nature of the verdict.

I’ve tried jury trials all over Colorado for the last 20 years. Criminal and civil cases. I’ve won many more than I’ve lost, but I have lost a few that I should have won. I have also pulled a few rabbits out of the hat along the way, meaning victory has escaped the jaws of defeat! Bottom line? Juries almost always get it right. Not always, but just about always.

What is an Initial Status Conference?

For anyone involved in a family law case, chances are that at the beginning of a new court action (a divorce, legal separation or post-decree motion to modify), you will be ordered to participate in an Initial Status Conference (an “ISC”). I see an ISC as a “let’s get the lay of the land” sort of get-together where the court just wants to make sure things are on the right track. What happens at the ISC? Well, if you are in a metro Denver courthouse, chances are you will discuss the status of your matter with someone who wears the title “family court facilitator.” The family court facilitator may or may not be an attorney.

You will discuss how your matter is to proceed and you may be given permission to do certain things, to include set a temporary orders hearing, proceed with discovery, file a motion for appointment of a child and family investigator or a parental responsibilities evaluator, etc. If you don’t know what to ask for, you may lose the opportunity to do so, which means you need to be prepared for the ISC. In Arapahoe County, you may actually see a judicial officer and be asked to state your position regarding parenting time, decision making for children, and finances. Temporary orders may then be issued.

Traveling to a courthouse on your own is intimidating and leaves most folks feeling a bit uneasy. At Ammarell Deasy, we’d love to sit down and talk with you about your ISC and help you develop an overall strategy to deal with the issues that have been brought to the attention of the court. If you’d like some guidance, gives us a call at (303) 470-3020.

Review Of Child Protective Service Systems

The Colorado state auditor’s will conduct a thorough review of child protective service systems, including how allegations of child abuse and neglect are screened, according to the Denver Post. Several child welfare reforms were passed in this last legislative session, with the goal of improving services to children who are being neglected or abused. The first stages of the planned audit will examine the workload of case workers with child protective services. The idea is to determine whether the caseloads are too high, preventing the caseworkers from being able to adequately protect children and their families. There is also a second audit planned, which will focus on whether the state Department of Human Services, as well as county child welfare departments, are using their budget money effectively.

Are you concerned about the treatment that your children receive while in their other parent’s custody? Contact an experienced Centennial family law attorney immediately to learn about your options.

The first concern of almost any parent is the welfare of the children. When children are raised by parents who do not live together, there unfortunately sometimes arise serious questions as to the treatment the children receive. Whether you are the custodial parent or non-custodial parent, you have rights regarding the way your children are treated when they are not in your custody. For various reasons, your children may not tell you when they are being mistreated by their other parent, but there are usually signs. Unfortunately, protecting your child sometimes means going back to the custody agreement, and getting help making changes.

Daniel  N. DeasySpeak with an experienced Centennial child custody attorney as soon as possible if you have reason to believe that your child has been mistreated by his or her other parent. When circumstances change, or when the child’s health and safety are at risk, you need to ask for a change to the custody arrangements. In extreme circumstances, one parent may lose their custody or visitation rights, or their visitation may become subject to supervision. In cases where one parent doesn’t seem to be able to care for the child properly, supervision, sometimes with another family member, can be a solution. In cases where the child is being abused, it may be necessary to terminate custody or visitation rights. For more information and a FREE CONSULTATION, contact the Centennial child support attorneys at Ammarell Deasy today at (303)470-3020.


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