CALIFORNIA FAMILY LAW
...Custody and Visitation
......Indian Child Welfare Act (ICWA)
.........Applicability to F/L Cases
5 Cards On This Topic:
  • Applicability of ICWA. Not applicable to dissolution proceeding
  • ICWA does not apply when a child is removed from one parent and placed with the other.
  • Limited reversal required where family court erred in concluding that the ICWA was unconstitutional as applied to C's custody before applying its substantive provisions.
  • Cal. court had jurisdiction to order Native Amer. mother to pay c/s, ••regardless •• of sources of income, especially where order expressly disclaimed intent to raise charge on legally exempt Indian lands or funds.
  • Full discussion of ICWA.