because my ex had case worker that played me for a fool, and did whatever she felt like doing, saying, or writing, in her report, leaving crucial truth out behind my back all in favor of my ex, nothing for me, and the n quit her job, I now why, she couldn't take the chance of the evidence that I might have . I went to a pro bono class, they might not be able to handle what I need, civil, custody, maybe criminal against the other party, question, it would be foolish to ask for visitation. when I am asking for sole custody, did I mention me and my son are registered tribal members, native American tribe. best int rest for the child, that has to be a plus ?
Family Law Attorney
First, you will need to clean up the way you communicate. If you are trying to present any type of claim in any court or with any governmental agency, or even in trying to find a sympathetic ear or resources, you need to take the time to explain things clearly with proper spelling and grammer. It seems like you have several things going on. If CPS is still involved, you must work a case plan with them to regain your parental rights. If CPS is no longer involved, you have to work through your divorce/custody case to regain your parental rights. There is no way you are going to jump from where you are now to sole custody. You will have to work through the process to regain what you have lost and it will take time. But if you don't start, you will never get anywhere. Whether or not you have civil claims against CPS is a separate matter, and would need to be reviewed by a civil rights attorney. You most likely do not have any criminal claims against your ex or CPS, but if there was something there, it would not be you prosecuting as only the government's attorneys can bring criminal charges. I recommend you start with an experienced family law attorney, to sort through what you can and cannot do, where you would begin, and what processes make the most sense. Don't even attempt to deal with this on your own, as your actions could do you more harm than good.
Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.
Ms. Whitbeck is correct on all points. Legal issues surrounding children of native Americans is complex and not commonly dealt with in the Nevada courts, so you will want to find an attorney who specializes in that area. And given the intricacy of the legal system, you do not want to do this on your own.
Being a registered member of a Native American tribe does not, itself, give rise to the member tribe's jurisdiction over parties or matters in dispute. There are special laws at both the state and federal levels pertaining to the affairs of native Americans, as well as tribal laws and practices on local reservations. A tribal court/council does not have jurisdiction to enforce tribal mandates off res. Likewise, it lacks personal jurisdiction over a non-tribal person living off res.
I am of the impression the ex is not a Native American living on the reservation of his son's tribe. Likewise, I get the sense the child does not reside on his own tribe's reservation. If so, the Nevada District Court is the likely venue to have personal and subject matter jurisdiction.
The treatment of Native Americans in Nevada state courts may differ to the extent relevant special statutes apply. Any bias based on national origin, creed, etc. of the mother and/or the child would have to be proven affirmatively to the court having jurisdiction.
Consulting an experienced, reputable attorney skilled in Native American law and knowledgeable of the customs and practices of the child's tribe would be an excellent first step to finding a meaningful solution to the legal concerns expressed here.
This response in no way establishes any attorney-client relationship. This response is informational only and is not to be relied upon. It is not intended in any manner to be legal advice. A reader of this response should confer directly with a licensed attorney in the place where they desire to obtain legal guidance or advice.