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Lori J Guevara

Lori Guevara’s Answers

3 total

  • WA state tribal, native american indian law

    Can a non-native Administrator of a tribal business forbid a tribal member to be on tribal land, thus denying her her right to go to the Tribal General Council meeting which meets only once a year?

    Lori’s Answer

    I have not been retained in this matter and my comments are not legal advice but rather a primer on the topic of the power to exclude from tribal lands.

    The citizenship status of the Administrator is most likely insignificant so long as the tribe has granted the Administrator the authority to exclude . The Administrator may have also exceeded his or her authority by attempting to exclude a tribal citizen from the Council meeting, especially if the Council meeting is held in a location different than the location of the tribal business.

    Any tribal member who wishes to challenge exclusion from tribal lands should consult the tribe's ordinances and constitution, as tribal laws vary greatly.

    See question 
  • Can I regain primary child custody if my parents have 3rd party custody

    CAN I REGAIN CUSTODY IF MY PARENTS HAVE 3RD PARTY CUSTODY

    Lori’s Answer

    Hi, I have not been retained by you so I do not represent you individually. Thus, this does not constitute legal advice and is meant only as a broad primer on the topic of third party custody modification.

    Generally speaking, it is important to know why/how a party obtained third party custody. A parent who signs a form similar to a power of attorney so that a non-parent can keep a child and enroll the child in school, get medical care for the child, etc., is much less formal than a court granting a party third party custody.

    If the state or tribe was involved in placing the child with a non-parent, the caseworker should have provided a list of requirements with which a parent must comply in order to get their child back. A parent who does not have this list should contact the caseworker or agency who placed the child with the non-parents.

    A guardianship is typically easier to extinguish than a third party custody decree is to modify. In either situation, however, a parent will generally need to show a significant change in circumstances and that the change is in your child's best interests.

    In the case of grandparent third party custody, a parent may be interested in working with the grandparents to slowly integrate him/herself back into the child's life, if the parent has not been playing a role in the child's upbringing.

    As with most issues involving children, the court's primary focus is going to be the child's best interests.

    See question 
  • Can I regain primary child custody if my parents have 3rd party custody

    CAN I REGAIN CUSTODY IF MY PARENTS HAVE 3RD PARTY CUSTODY

    Lori’s Answer

    Hi, I have not been retained by you so I do not represent you individually. Thus, this does not constitute legal advice and is meant only as a broad primer on the topic of third party custody modification.

    Generally speaking, it is important to know why/how a party obtained third party custody. A parent who signs a form similar to a power of attorney so that a non-parent can keep a child and enroll the child in school, get medical care for the child, etc., is much less formal than a court granting a party third party custody.

    If the state or tribe was involved in placing the child with a non-parent, the caseworker should have provided a list of requirements with which a parent must comply in order to get their child back. A parent who does not have this list should contact the caseworker or agency who placed the child with the non-parents.

    A guardianship is typically easier to extinguish than a third party custody decree is to modify. In either situation, however, a parent will generally need to show a significant change in circumstances and that the change is in your child's best interests.

    In the case of grandparent third party custody, a parent may be interested in working with the grandparents to slowly integrate him/herself back into the child's life, if the parent has not been playing a role in the child's upbringing.

    As with most issues involving children, the court's primary focus is going to be the child's best interests.

    See question