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Can my child be taken by the state in a state where we cannot marry?

Guest grace

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I am not married to the father (my first cousin once removed) and am pregnant. I am wondering if there is any chance the state could try and take my child if someone malicious were to call CPS. The news of paternity has not broken to family yet but I can just see one of my bitch cousins or haters in the community trying to cause problems in any way they can. We are members of a federally recognized Native American tribe which would recognize our marriage (if we were) as legal but the the state we reside in does not. I'm wondering if we were to live in town vs on the reservation (since it's not subject to state law only federal) if that makes any bit of difference or if I'm going to need to move all together before my baby is born. I'm confused how this would all pan out in terms of a child because it only mentions the marriages being illegal - not specifically the child of unwed couples. 

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We are not lawyers and cannot give you legal advice.  You need to consult an attorney for information on what you should do.  It is very important that you make sure before your child is born.  

We do want to give you support and really care about you and what you find out about your situation.  Please keep us informed of how things are going.



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What state do you live in? I work in the law and can look up the information you need, but I need to know where to look. If the tribe recognizes your marriage you could just stay on the reservation. The US courts have no jurisdiction on any reservation as long as it doesn't break federal law. And even then it's very little authority. The state could not do anything to you there. 


Some states even have ways around their own rules. 


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On 12/22/2016 at 11:55 AM, Guest Grace said:

Thank you for offering your help Justaman. The state is Nevada. When you say "stay on the reservation" do you mean as in residence or literally not leave to go into town? 

I mean it as residence. The fact is that most states will never ask for a marriage certificate because they accept marriages from other states and countries. I'll look up the rules for Nevada and let you know what i find

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