QUECHAN TRIBAL COURT
FREQUENTLY ASKED QUESTIONS
Adoption
- I have married and my current spouse would like to adopt my child. What do I do?
- I object to the adoption of my child or grandchild. What can I do?
Attorneys and Advocates
- I have a hearing scheduled in Tribal Court. Do I need an attorney?
- What is the difference between an attorney and an advocate?
- How do I get an attorney or advocate?
Changing a Name
- How do I change my name?
- I want to change my child’s name and amend the birth certificate to reflect the new name. What do I do?
Child Support
- I am not receiving court ordered child support. What can I do?
- My child support payment is processed through Tribal Court. Why does it take so long to receive it?
Copies
- What does “certified” mean?
- Why/when would I need to have a copy certified?
Custody
- What is the difference between legal custody, sole custody, and joint custody?
- What is physical custody?
- What is emergency temporary custody?
- What is a Voluntary Custody Agreement?
- What does the term “Best Interests of the Child” mean?
Divorce
- Can I file for divorce in Tribal Court?
Domestic Violence
- What constitutes domestic violence?
General
- What happens if I cannot attend a scheduled court hearing?
- What is a continuance?
- Who may file in Tribal Court?
- What law applies to the Quechan Tribal Court?
- I filed a petition with the Court and now want to withdraw the petition. What do I do?
- I have a court order. Since the order was issued circumstances have changed. What can I do?
- I served a petition on the respondent and the response period has ended. What do I do now?
- I have a hearing scheduled in Tribal Court. Do I need an attorney?
Paternity
- The father of my child denies that he is the father. What can I do?
- How can I have my child’s father’s name added to his birth certificate?
Restraining Orders
- What is a restraining order?
- How do I file a restraining order?
- Do I need witness statements, pictures, police reports, etc. in order to file for a restraining order?
- What is harassment?
Service
- What is meant by serve, service, and certificate or affidavit of service”?
Visitation
- I want to visit my grandchildren but one or both of their parents have refused my request for visitation. What can I do?
- I want visitation rights with my children but the other parent won’t les me see them. What can I do?
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Adoption
Q.I have married and my current spouse would like to adopt my child. What do I do?
A.Begin by completing a Petition for Adoption. Give the completed petition to the Tribal Court Clerk along with the proper fee or Request for Waiver of Fee. No petition will be accepted until the fee is paid or the waiver granted.
Q.I object to the adoption of my child or grandchild. What can I do?
A.You should contact an attorney or advocate for advice.
Attorneys and Advocates
Q.What is the difference between an attorney and an advocate?
A.An attorney has a law degree. An advocate is a person who has the training and expertise to represent you but does not necessarily have a law degree.
Q.How do I get an attorney or advocate?
A.The court has a Tribal Bar Referral List of attorneys and advocates who are members of the Tribal Bar and accepting new clients. An attorney must become a member of the Tribal Bar in order to practice in Tribal Court.
Changing a Name
Q.How do I change my name?
A.Begin by completing anApplication for Change of Name For An Adult. Give the completed petition to the Tribal Court Clerk along with the proper fee or Request for Waiver of Fee. No petition will be accepted until the fee is paid or the waiver granted.
Q.I want to change my child’s name and amend the birth certificate to reflect the new name. What do I do?
A.Begin by completing an Application for Change of Name for Minor Child. Give the completed petition to the Tribal Court Clerk along with the proper fee or Request for Waiver of Fee. No petition will be accepted until the fee is paid or the waiver granted.
Child Support
Q.I am not receiving court ordered child support. What can I do?
A.You may file a Petition to Enforce Child Support Order with the tribal court clerk.
Q.My child support payment is processed through Tribal Court. Why does it take so long to receive it?
A.First, the employer must issue a check to Tribal Court and send it by United States Postal Service. Next, the check goes through the tribal mail room and is then delivered to Tribal Court. It is the policy of the Tribal Court to process all child support checks within 24 hours of receipt. The check is then sent to Finance and finally a check is issued to you.
Copies
Q.What does “certified mean”?
A.A “certified” copy opposed to a plain copy is stamped and sealed to attest that the copy is a true and correct copy of the original. For example, insurance companies, hospitals, Social Security, Office of Vital Statistics often request a certified copy to authenticate the document.
Q.Why/When would I need to have a copy certified?
A.It depends on who is requesting the copy and why they need to verify the information contained in the document.
Custody
Q.What is the difference between legal custody, sole custody, and joint custody?
A:Legal Custody of a child is the right to make all decisions concerning the upbringing of the child. While custody belongs to one or both parents, “third parties” meaning members of the extended family can also be awarded custody in extreme circumstances.
Both parents have equal rights to custody even when they do not live together, unless a court orders otherwise.
Sole Custody is an arrangement by which one parent has full control and decision making responsibility - to the exclusion of the other parent – on matters such as health, education, religion, and living arrangements.
Joint Custody is an arrangement by which both parents share the responsibility for and authority over the child at all times, although one parent may exercise primary physical custody. . Joint custody can only be accomplished where both parents cooperate with each other.
Either party or a “third party” can file a motion or petition for custody pending a trial regarding the merit of the motion.
Q.What is physical custody?
A.The right to have the child live with the person awarded custody by the court. Also termed “residential custody”.
Q:What is emergency temporary custody?
A:Emergency temporary custody may be granted when a child is in imminent danger or the custodian is unable to properly care for the child. For instance, if there is illegal drug use in the home the child may be removed or if the custodian has a medical condition or has been in an accident that prevents that person for caring for the child. Emergency temporary custody may be granted to a parent, extended family member, social service agency, or court.
Q:What is a Voluntary Custody Agreement?
A:A Voluntary Custody Agreement is a voluntary agreement between the legal custodian of a child and another person to give custody to the other person. It is usually granted for a specific time period and must be notarized. It does not need to be brought before a judge. If the other parent objects to the custody agreement, a judge may need to rule on custody.
Q:What does the term “Best Interests of the Child” mean?
A:The “best interests of the child” is a standard the court uses in both dependency and custody matters. The court looks at a number of factors, regarding the relative income of the parties, moral character, emotional stability of the parents, and who is in the best position to provide the child with health, education and proper living conditions. Home studies done by social workers provide the court with findings, as to conditions in the home, and makes recommendations to the court. In some instances, where special circumstances and more information are needed by the court to make decisions, the court will order a psychological examination. This report includes the parents, and children, to determine the best placement of special needs. This can include educational needs of the child, parenting skills, and counseling.
Divorce
Q.Can I file for divorce in Tribal Court?
A.Yes, you may file for divorce in Tribal Court by completing a Petition for Dissolution of Marriage and filing the proper fee or Request for Waiver of Fee. See Divorce Filing Procedures for more information.
Domestic Violence
Q:What constitutes domestic violence?
A:Domestic violence is any act occurring between adults who live together or have lived together, have children in common, or have engaged in an intimate (marriage-like) relationship which causes harm or puts one in fear that the intention is to cause physical harm. Domestic violence includes physical violence such as beatings, hitting, punching, slapping, hair pulling, pinching, biting, etc. It is actually only a small part of the violence that is happening in the relationship.
Domestic violence is a system of behaviors and tactics used to maintain power and control in a relationship. Beside, the physical violence, there is sexual violence, intimidation, isolation, emotional abuse, using the children, coercion, threats, and stalking.
General
Q:What happens if I cannot attend a scheduled court hearing?
A:As soon as you know that you cannot attend a scheduled hearing you should contact the court. If you are out of town you may request in writing to appear telephonically. If you cannot appear for whatever reason and are unable to appear telephonically you must submit a written request for a continuance (Request for Continuance form) stating the reason you are unable to appear. Under no circumstances should you not contact the court if you are unable to appear. Consequences of not appearing could result in a default ruling against you, dismissal of the case, or the filing of civil contempt charges against you. If found guilty of civil contempt you may be subject to confinement or a fine.
Q:What is a continuance?
A:A continuance is an adjournment or postponement of a trial or other proceeding to a future date.
Q:Who may file in Tribal Court?
A:See Quechan Law and Order Code, Title 1. Any person or entity may file as long as one of the parties is an enrolled member, the spouse of an enrolled member, the parent or child of an enrolled member, or lives within the boundaries of the Ft. Yuma Indian Reservation.
Q.What law applies to the Quechan Tribal Court?
A.See Quechan Law and Order Code, Title 2. The Tribal Court shall apply the law as follows: (A) The Quechan Constitution and the Quechan Law and Order Code; (B) Any resolutions of ordinances of the Tribe; (C) Any applicable laws of the United States; and (D) Any authorized regulations of the Interior Department. Except as required by federal law, no federal or state law or law of another tribe shall be applied unless specifically incorporated into tribal law. In matters not addressed by the positive law the Tribal Court shall apply traditional tribal customs and usages. When in doubt as to the tribal common law, the Tribal Court may request the advice of counselors and tribal elders. In the absence of tribal law, the Court may use as guidance secondary sources of law.
Q.I filed a petition with the Court and now want to withdraw the petition. What do I do?
A.File a Request to Dismiss form with the tribal court clerk. The judge will rule on the request.
Q.I have a court order. Since the order was issued circumstances have changed. What can I do?
A.Complete either a Request for Hearing or Request for Reconsideration form and file it with the with the tribal court clerk along with the proper fee or Request for Waiver of Fee.
Q. I served a petition on the respondent and the response period has ended. What do I do now?
A.After the Affidavit of Service has been filed by the petitioner and the required period of time has passed, the tribal court clerk will schedule a hearing date and a Notice of Hearing will be mailed by the tribal court clerk. If no response has been received, you may file an Application for Default and Notice of Default form.
Q.I have a hearing scheduled in Tribal Court. Do I need anattorney?
A.No. You may appear in court with or without an attorney. You may also have an advocate represent you and or “pro se”, for self. If you choose to represent yourself in court you must accept the consequences of your own actions and legal knowledge.
Paternity
Q.The father of my child denies that he is the father. What can I do?
A.Complete a Petition to Establish Paternity, Name Change, Order for Birth Certificate and file it with the tribal court clerk along with the proper fee or Request for Waiver of Fee.
Q.How can I have my child’s father’s name added to his birth certificate?
A.Complete a Petition to Establish Paternity, Name Change, Order for Birth Certificate and file it with the tribal court clerk along with the proper fee or Request for Waiver of Fee.
Restraining Orders
Q. What is a restraining order?
A:There are two types of restraining orders.
A Temporary Restraining Order (TRO) is good for only five (5) days pursuant to Quechan Law and Order Code Section 5.6.4.D. It may be extended upon petition. A temporary restraining order may sometimes be granted without notifying the opposing party in advance. It is usually issued when there is an immediate threat.
A “Preliminary Injunction” is granted for a longer period time. It is usually granted only after a hearing at which both the petitioner and respondent are present. It may be granted after the court has heard from only one party (ex parte), such as when the respondent has been arrested for battery and is in police custody.
A Temporary Restraining Order and/or Preliminary Injunction may include members of the petitioner’s household on the petition. Adult family members or friendswho are not members of the household need to file their own petitions.
A separate petition should be filed for each person for whom a restraining order is requested.
Q.How do I file a restraining order?
A.Begin by completing a Petition for a Temporary Restraining Order (TRO) or a Preliminary Injunction. Specific facts, dates, and incidents should be listed on the petition. Give the completed petition to the Tribal Court Clerk along with the proper fee or Request for Waiver of Fee. No petition will be accepted until the fee is paid or the waiver granted.
Q:Do I need witness statements, pictures, police reports, etc. in order to file for a restraining order?
A:No, but the more information that can be provided to the court the more informed the judge will be.
For instance, a petitioner’s eighteen year old son came home drunk the previous evening. He became enraged, threw furniture across the room, punched a hole in the wall, and assaulted a visitor to the home. The police were called and the son was arrested. The petitioner attached a copy of the police report to her petition. The judge was able to immediately grant a preliminary injunction for six months due to clear and convincing evidence that there was immediate danger to the petitioner.
Q.What is harassment?
A.Words, conduct, or action, repeated or persistent, that annoys, alarms, or causes substantial emotional distress in a person and serves no legitimate purpose.
Service
Q:What is meant by serve, service, and certificate or Affidavit of Service”?
A:Serve (verb) means to make formal delivery of a legal document. It may be accomplished by personally delivering the documents, having a process server deliver the documents, mailing the documents by United States Postal Service first class certified mail, or by publishing a notice in a newspaper or other public medium. When using the USPS a signed return receipt should be requested to prove that delivery has been made.
Service (noun) is the formal delivery of a legal document.
Certificate or Affidavit of Service is a document stating that service has been accomplished. It usually contains the name and address of the person being served, the name of the person who did the serving, and the method of service (personal delivery, mail delivery, etc.). It should be signed by the person providing service. If service was made by mail a signed return receipt should be attached to the certificate. If service was by publication a copy of the published notice should be attached to the certificate. It is a legal requirement that the Certificate or Affidavit of Service be filed with the court.
Visitation
Q.I want to visit my grandchildren but one or both of their parents have refused my request for visitation. What can I do?
A.Complete a Petition for Grandparent Visitation and file it with the with the tribal court clerk along with the proper fee or Request for Waiver of Fee.
Q.I want visitation rights with my children but the other parent won’t let me see them. What can I do?
A.Complete a Petition for Visitation Rights and file it with the with the tribal court clerk along with the proper fee or Request for Waiver of Fee.
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