Family Law

Filing Your Case Within The Courts Of The Oklahoma Tribal Nations.

In this article, you can discover:

• What options are available to tribal members seeking relief in Oklahoma family law matters.
• How jurisdiction is handled in family law cases where one person is a member of a tribal nation and the other is not.
• What to look for when you’re looking for a tribal court family law attorney.

How Does A Family Lawyer Provide Support For People In The Oklahoma Tribal Nations?

The tribal nations of Oklahoma are an incredibly vibrant and integral part of the fabric of Oklahoma. Unfortunately, many people within these tribal communities face disproportionate rates of domestic and family violence.

Today, the Nations continue to make concerted efforts to promote healthy lifestyles and opportunities for survivors of domestic violence to come forward and seek the care they need. The Muscogee Creek Nation displays a billboard on Highway 75 that reads, “Domestic Violence Is Not Our History”. Meanwhile, more and more people are recognizing that domestic violence doesn’t only affect women, but that men suffer from violent abuse and need resources to come forward, as well.

Fortunately, the nation’s provide tools legal tools for survivors of violence to seek security. From filing protective orders to obtaining emergency custody – tribal law affords its constituents avenues of recourse and restitution. And while the Cherokee Nation does not conduct divorce proceedings, Cherokee tribal members can seek other forms of protection throughout the courts of Oklahoma’s many tribal nations.

How Is Jurisdiction Handled In Tribal Court?

Regardless of what tribe you belong to, you can file family law petitions in tribal courts throughout the state of Oklahoma.

For example, if you belong to the Cherokee nation and reside in Tulsa County, you would be living within the boundaries of the Creek Nation. So if you needed to file a protective order, you could either choose to file in the Oklahoma County Court, or you could choose to file in the Muscogee (Creek) Nation District Court.

And in matters of jurisdiction where you are a tribal member, and the other parent is not a tribal member, but your child is a tribal member, you may choose to file in a tribal court if you wish.

How Do You Choose A Family Law Attorney Who Practices In Tribal Court?

From a legal perspective, the most important things to consider when seeking a family law attorney for a matter in tribal court will include:

• That the attorney has experience practicing in Oklahoma tribal courts,
• That the attorney does not have negative marks or investigations from any Bar Association,
• That the attorney is prepared to handle your family law matter with care and compassion,
• That the attorney is familiar with the pleadings, statutes, and titles that are specific to the tribal nation whose courts are handling your case.

What Should You Consider When Deciding Whether To File Your Case In Tribal Court?

Because of the influx of cases and legal needs from within the community, tribal courts are expanding at an unprecedented rate. For example, the Muscogee (Creek) Nation District Court formerly only had a single judge. Today, four judges preside over legal matters in this nation’s courtrooms.

Similarly, the Choctaw and Potawatomi Nations have expanded programs to include online filings, virtual court appearances, and other resources. Because of these programs, more people are able to see their cases resolved in a timely manner and without the need to travel hours for each appearance.

Deciding which court to file your family law matter in is an incredibly personal decision – but if you are interested in your options, our firm is here to help.

For more information on Working With The Tribal Nation Courts In OK, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (918) 890-0881 today.

More Information

• Your Cherokee Nation Family Attorney In Tulsa, OK