Question for friend

[Plantinga]

What is the name of your state? MN

My friend is going through a divorce right now.
He and his wife have been separated for quite some time.
His wife decided to get "even" with him and called the police on him for selling marijuana. The problem is, she was the one selling it, and he was not living in the home and has not been for six months or so.
She planted three pounds of marijuana in his dresser, asked him over to see the kids, and then called the police to have them search the house.
Anyway, he got arrested and sat in jail for a weekend.

Just recently, he has filed for custody of his kids.

I have first hand witnessed the mother verbally and physically abuse the children, as four people who can also testify from a local doctor's office where some of this abuse took place.
She also claims my friend beats her, and it is actually the other way around. I have witnessed it and there are police reports as well.
She has filed MANY restraining orders against my friend in the past and has always dropped them within hours or a day of filing them.
She has in the past, ran off to Montana back to her reservation (I think that is where she is from) with the kids. (three times in one year).
Apparently, he was told that if she flees to a Native American Reservation, there is nothing he can do about getting his children, as they have different laws regarding custody (I do not know if that is correct or not).
He has tried to involve the police for kidnapping, but no one wants to help.

Ok, on to the point...

He is to stand three court appearances, one for selling, one for divorce, and one for custody.

What are his chances of obtaining custody based on the allegations of drug selling?
What can I advise him to do about this?
He has retained an attorney but this attorney is not being all that helpful with advice.
Can anyone tell me:
1. Is this Native American Reservation "law" true about obtaining kidnapped children? (He believes she will do it again, as the custody hearing is on Dec.12.)
2. If I, and the other witnesses testify to her abuse, will that help?
3. Does he stand any chance in obtaining custody? Or will this end up to be a supervised visitation scenario?

Thanks for the advice.
Regards,
Plantinga

 

[JaneyS4]

You said: he was not living in the home and has not been for six months or so.
She planted three pounds of marijuana in his dresser, asked him over to see the kids, and then called the police to have them search the house.

So, you're saying this happened at the house SHE was residing in and he was NOT?

If so, can he prove that he has not been living there? Example: rent reciepts, testimony from eyewitnesses, etc?

 

[VeronicaGia]

Yes, did he change his drivers licence? Does he have bills going to the new residence? Electricity, gas and cable in his name at the new residence?

Three pounds? She was willing to give up that much for this?

 

[JaneyS4]

And BTW, what native american law are you refering to? The only law I know of referring to native american children is the ICWA (Indian Child Welfare Act) and it does not apply to divorce cases.

 

[Plantinga]

Yes, he can prove he was in a different residence. He bought a new house six months or so ago. The other house, that she resides in, is in his name as well, but he was not living there.
I am pretty sure he can prove that he was not living there. I am sure with a new house, that is proof enough, isn't it?

His wife kept telling him that if she was on the reservation, local authorities could not interfere with Native American laws.
I think it it BS. He was not sure, as he did not know all of the facts.

Right now, she is at a "flight risk" because of her past actions.

Anyway, what do you think his chances of getting custody are, with such "violations" pending?
Thanks.

Regards,
Plantinga

 

[JaneyS4]

Get the deed, get the stuff that Veronica suggested, power bills, water bills, anything with his new residence and date on them. This should (no guarentees as I am not familiar with the particular case, and am not a lawyer)help toward clearing him of his drug charges.

I can't find anything about the custody of children being different on a reservation. As I said before, the only thing I know of is the ICWA and that is non applicable to divorce cases. It says so plain as day. If you want more information on this act, just type Indian Child Welfare Act into your search engine. There is a plethora of info on it and on all the other laws governed by the native american reservations.