Indian/Tribal Law
The State of Oklahoma is the current home of 38 federally recognized tribes most of which were forcibly relocated from their ancestral homes elsewhere in the continental United States. Treaties between the federal government and the several tribal nations had resulted in promises for a forever home in modern day Oklahoma but for over a century the state has disregarded this reality.
All of the changed in 2020 when the United States Supreme Court first acknowledged the continued existence of the reservation promised by Congress to the Muscogee (Creek) Nation covering eleven counties in modern day Oklahoma. Subsequent cases have acknowledged the continued existence of several other reservations including but not limited to those of the Cherokee Nation, the Choctaw Nation, the Chickasaw Nation, and the Seminole Nation. As a result, over one half of the State is now properly recognized as tribal reservation land and tribal courts and governments are reasserting their sovereignty.
What You Need To Know
“[N]o matter how many other promises to a tribe the federal government has already broken. If Congress wishes to break the promise of reservation, it must say so.” – McGirt v. Oklahoma
In addition to Oklahoma state courts, Greg Lavender is licensed to practice in several jurisdictions where he regularly defends the rights and freedoms of Native Americans including the Muscogee (Creek) Nation, the Cherokee Nation, and the United States District Court for the Northern and Eastern District of Oklahoma.
Whether you are a Native American facing criminal charges or involving in proceedings related to the custody and control of a Native American child, the Law Offices of Greg Lavender has the expertise to assist.
In 1978 the United States Congress recognized than an alarmingly high percentage of Native American families were broken up by the unwarranted removal of tribal children and placement in non-tribal homes and institutions. In response, they passed the Indian Child Welfare Act to protect the best interests of Native children and promote the stability and security of tribal nations.
The Act applies to involuntary custody proceedings involving Indian children defined as any unmarried person under 18 who is (a) enrolled in a federally recognized tribe or (b) eligible for enrollment and the biological child of an enrolled member. Tribes have the inherent, sole authority to determine their own membership.
If you are dealing with a case in which your Indian child has been removed by the State or a private party other than a parent, it is vital that you have representation well versed in the requirements and your rights under ICWA. The Law Offices of Greg Lavender has represented Indian parents and custodians in hundreds of involuntary custody proceedings.
In addition to his services as an attorney, Greg Lavender has further been recognized as a Qualified Expert Witness pursuant to ICWA. He is able to provide necessary testimony in all Indian child custody proceedings including guardianships, adoptions, and child welfare and foster care proceedings.
