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Navigation through a child custody battle

Looking forward to welcoming a new baby is exciting for the mother and father to be. In Massachusetts and elsewhere, sometimes a child is born into a difficult situation that may involve addictions or family strife. If the circumstances potentially endanger the child, tough decisions may need be made that could include removing them from their biological parent or parents and granting child custody to another capable family member.

A mother and father in another state are fighting for custody of their newborn daughter. The baby was taken away two days after birth based on the claims by the grandmother that the baby will be abused under the care of the parents. Adding another layer of  complexity to the custody battle, the newborn is a mixed race of Native American and Caucasian, raising issues of conflict regarding tribal, state and federal laws.  The custody determination regarding the grandmother was made by a tribal court, calling into question whether its order must be honored outside of the reservation.

The mother originally lost custody of her two oldest children to the Native American grandmother based on allegations of abuse. The couple claims the grandmother has made these allegations and pursued custody of the new baby because of the race of the father. Though the couple states they are no longer together, they have agreed to fight for the guardianship of their daughter together. The custody case is still ongoing.

Working through a child custody case is difficult, it involves many factors: the court, family members, accusations, etc. To help sort through the factors of a custody case, an individual can enlist the help of a Massachusetts attorney. An attorney will seek the best possible scenario for the child and their client.  

Source:, “Child custody case erupts in dispute between state and Native American tribe“, March 22,2018


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