Indian children involved in South Dakota child custody proceedings are covered by ICWA. A person may define his or her identity as Indian but in order for ICWA to apply, the involved child must be an Indian child as defined by the law. ICWA defines an "Indian child" as "any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe." Under federal law, individual tribes have the right to determine eligibility, membership, or both. However, in order for ICWA to apply, the child must be a member of or eligible for membership in a federally recognized tribe.
In South Dakota, who is covered by the Indian Child Welfare Act (ICWA)?
About Swier Law Firm's Family Law Practice Group
- Child Custody
- Child & Spousal Support
- Grandparent Visitation Rights
- High Net Worth Divorces
- Indian Child Welfare Act (ICWA)
- Parenting Plans
- Property Division
- Pre- and Post-Marital Planning
Take a look at our valuable books and articles. Our materials are full of tips and advice. Each book was written by our experienced divorce and custody attorneys and provides detailed South Dakota-specific information designed to help anyone facing a divorce or custody case. You can request your free copy by clicking on the book covers below.