Saturday, May 11, 2013

Supreme Court to hear child custody fight; at crux is law on tribal rights


“Adoptive Couple v. Baby Girl” is not the kind of case that usually finds its way to the US Supreme Court. On Tuesday, the justices take up an appeal that could well require the wisdom of Solomon, and then some.
The emotionally charged case involves a dispute over custody of a young child known in court papers simply as “Baby Girl.” At issue is the applicability of a federal law designed to preserve the culture and heritage of native Americans and the viability of their tribes.
Caught up in the dispute are the birth mother, known as “Mother” in court papers, who put the child up for adoption, the objecting “Father,” who is a member of the Cherokee Nation, and the “Adoptive Couple,” who are not members of a native American tribe.
The case is important because it will help clarify for judges across the country how to weigh conflicting claims at the intersection of state child custody laws and a federal law known as the Indian Child Welfare Act.

No comments:

Post a Comment