Ensure legal custody rights are enforced on reservations

165

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The Issue

Twenty one months ago while my son was a Marine living on MCAS Yuma, he experienced a life-altering event when he decided to divorce his wife after she physically assaulted him including holding a knife to his neck and pushing him while he was holding his son. He had a very difficult decision, but it was one made with the best interests of their young child in mind. However, the consequences of this decision have become more harrowing than we could have imagined.  That night he told her he wanted a divorce as he did not want to raise his son in this toxic environment. The very next day, his wife at the time disappeared with their three-month-old son, retreating to the safety of reservation land. Despite my son obtaining a divorce and securing sole custody and the courts granting no visitation rights to her, we have continuously faced the daunting reality that reservation lands operate under different jurisdictional rules and regulations, which has left our son and our entire family unable to enforce the court's decision.

The injustice of this situation cannot go unnoticed, particularly as my grandson, who recently turned two, is growing up away from his father and the love and support of his paternal family. Her refusal to engage with legal proceedings or even provide basic updates like pictures cuts deeper into our hearts every day. This is not merely a personal tragedy; it is a systemic issue affecting countless families nationwide who struggle to affirm their fundamental custody rights when jurisdictional boundaries on reservations obstruct them.

The time has come to address this issue with meaningful efforts to harmonize federal and tribal laws on custody matters, ensuring the welfare of children and fair access to justice for parents regardless of jurisdiction. Current federal custody laws should be enforced equally across all lands, including reservation territories.

We propose a collaborative federal-tribal task force aimed at:
1. Reviewing existing legislative frameworks at both the federal and tribal levels to identify gaps and conflicts in custody law enforcement.
2. Developing joint guidelines and procedures to ensure that custody decisions made by federal courts are respected and executed uniformly across all jurisdictions, including reservations.
3. Establishing clear channels of communication and cooperation between state, federal, and tribal authorities to facilitate the resolution of custody disputes more effectively and humanely.

These efforts are essential not only to reunite my family but to protect countless others caught in the crosshairs of legal discrepancies. This petition calls upon lawmakers, tribal leaders, and justice departments at every level to work collaboratively in ensuring the equal application of custody laws that prioritize the child's best interests.

I ask you to stand with us in advocating for change that ensures enforcement parity of custody laws, irrespective of jurisdictional complexities. Please sign this petition to give children everywhere the right to a stable and loving environment, free from the impediments of legal boundaries.

The Decision Makers

Katie Hobbs
Arizona Governor
Ned Lamont
Connecticut Governor
U.S. House of Representatives
3 Members
Rosa DeLauro
U.S. House of Representatives - Connecticut 3rd Congressional District
Jahana Hayes
U.S. House of Representatives - Connecticut 5th Congressional District
Alexandria Ocasio-Cortez
U.S. House of Representatives - New York 14th Congressional District
New York City Mayor
Donald Trump
President of the United States

Petition Updates