Walker River Paiute Tribe

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Walker River Paiute Tribe

1022 Hospital Road * P.O. Box 220 * Schurz, Nevada 89427

Telephone: (775) 773-2306

Fax: (775) 773-2585

RESOLUTION OF THE GOVERNING BODY

OF THE

WALKER RIVER PAIUTE TRIBE

RESOLUTION NO. WR-87-2021

BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE WALKER RIVER PAIUTE

TRIBE THAT:

WHEREAS, the governing body of the Walker River Paiute Tribe (“Tribe”) is organized under

the provisions of the Indian Reorganization Act of June, 1934, as amended, to

exercise certain rights of home rule and to be responsible for the promotion of the

economic and social welfare of its members, and

WHEREAS, the Tribe’s Constitution and By-Laws create the foundation for the governance of the

Tribe and the framework for all Tribal operations and authorizes the Walker River

Paiute Tribal Council to act on behalf of the Walker River Paiute Tribe and to

promulgate ordinances for the purpose of safeguarding the peace and safety of

residents of the Reservation, and

WHEREAS: pursuant to this power, the Tribal Council has created a Law & Order Code and other

laws and ordinances to govern the conduct of people within the Tribe’s jurisdiction,

and

WHEREAS: the Tribal Council has recognized the importance of reviewing and updating the Law

& Order Code to ensure the Code meets the Tribe’s needs and best serves to protect

the interests of the Tribe, its members and persons living, visiting and working on

Tribal lands, and

WHEREAS: to meet this goal, the Tribal Council drafted a new Title 9 of the Law & Order Code

titled “Domestic Relations” addressing domestic relationships for adults and

children, and

WHEREAS: the new proposed Title 9 was posted for at least thirty days to allow for public

comment, the Tribal Council considered the comments and is now prepared to take

action to approve Title 9, and

NOW THEREFORE BE IT RESOLVED by the Walker River Tribal Council, the governing body

of the Walker River Paiute Tribe, hereby adopts, approves and promulgates the attached version of

Title 9 titled “Domestic Relations” of the Tribe’s Law and Order Code, which shall go into effect

upon approval of the Bureau of Indian Affairs, and which shall supersede and replace any and all

prior versions of Title 9, and

BE IT FURTHER RESOLVED that the Walker River Tribal Council hereby directs that the Tribal

Court make Title 9 of the Law & Order Code available to those Tribal members and

attorneys/advocates who request a copy. The expense for each copy will be at the cost of the

requester, and

BE IT FURTHER RESOLVED, that the Tribal Chairwoman or her designee is hereby authorized

to effectuate any and all administrative actions necessary for the implementation of this resolution

and the approved Title 9 of the Law & Order Code, and

BEIT FINALLY RESOLVED, that nothing in this resolution shall be construed as a waiver of the

sovereign immunity of the Tribe.

CERTIFICATION

It is hereby certified that the foregoing Resolution of the Walker River Paiute Tribal Council,

composed of seven members, of whom 5, constituting a quorum, were present at a meeting held

on the 12" day of August, 2021, and that the foregoing resolution was adopted by the affirmative

vote of 4-FOR, 0-AGAINST, and 0-ABSTENTIONS, pursuant to the authority contained in

Article VI, Section 1(e), of the Constitution and By-Laws of the Walker River Paiute Tribe,

approved March 26, 1937.

Gina L. Wachsmuth, Tribal Council Secretary

WALKER RIVER PAIUTE TRIBE

Walker River Paiute Tribe

Tribal Court

Title 9

Domestic

Relations

LAW AND ORDER CODE

TITLE 9 —- DOMESTIC RELATIONS

Table of Contents

Page

9-10 MARRIAGE — 5

9-10-010 Scope 5

9-10-020 Consent 5

9-10-030 Ability to Consent 5

9-10-040 Court Orders 5

9-10-050 Marriage Licenses 6

9- 10-060 Validity of Licenses Issued Outside this Jurisdiction 6

9-10-070 Marriage Ceremonies 6

9-10-080 Certificates of Marriage 7

9-10-0909 Marriages Entered Into Outside this Jurisdiction 7

9-10-100 Marriages Entered Into Prior to the Adoption of this Title 7

9-10-110 Common Law Marriage 7

9-20 INDIAN CUSTOM MARRIAGE AND DIVORCE — 8

9-20-010 Scope 8

9-20-020 Validity of Indian Custom Marriages 8

9-20-030 Certificates of Indian Custom Marriage 8

9-20-040 Indian Custom Divorce or Dissolution 8

9-20-050 Property Rights 8

9-30 RIGHTS OF EACH SPOUSE — 9

9-30-010 Scope 9

9-30-020 Community Property 9

9-30-030 Separate Property 9

9-30-040 Community Debts 9

9-30-050 Separate Debts 10

9-30-060 Individual Property Agreements 10

9-30-070 Applicability of this Chapter 9-30 to Indian Trust Land

and Money to Tribal Assignments 10

9-40 VOID MARRIAGES — 10

9-40-010 Definition 10

9-40-020 Marriages That are Void 10

9-40-030 Court Declaration of Voidness 11

9-40-040 Jurisdiction of the Tribal Court to Declare Marriages Void 11

9-40-050 Procedure 11

9-40-060 Form of Petition 1]

9-40-070 Property and Debts of Void Marriages 12

9-40-080 Children of Void Marriages 12

LAW AND ORDER Title 9 — Domestic Relations Page 2 of 28

9-40-090 Damages

9-40-100 Filing of Order

9-50 ANNULMENT -

9-50-0106 Reasons for Annulment of Marriages

9-50-020 Jurisdiction of the Tribal Court

9-50-030 Commencement of Annulment Actions

9-50-0409 Procedure

9-50-050 Form of Complaint

9-50-060 Fffect of an Order of Annulment

9-50-070 Alimony Not Awarded

9-50-080 Damages

9-50-090 Filing of Annulment Orders

9-60 DISSOLUTION OF MARRIAGE —

9-60-010 Reasons for Dissolution

9-60-020 Jurisdiction of the Tribal Court

9-60-030 Procedure

9-60-040 Form of Complaint

9-60-050 Evidence Considered

9-60-060 Alimony

9-60-070 Division of Property and Debts

9-60-080 Effect

9-60-090 Filing of Orders

9-60-100 Tribal Custom Divorces

9-70 CUSTODY AND SUPPORT OF CHILDREN —

9-70-010 Nature of Action

9-70-020 Proper Parties to Commence Action

9-70-030 Procedure

9-70-040 Form of Petition

9-70-050 Standards to be Applied and Evidence Considered

in Determining Custody

9-70-060 Visitation Rights

9-70-070 Support Obligations

9-70-0806 Modification of Support and Custody Orders

9-70-090 Enforcement of Support Orders

9-70-100 Filing and Service of Custody Orders

9-80 DETERMINATION OF PARENTHOOD -

9-80-010 Purpose and Applicability

9-80-020 Proper Parties to Bring Action

9-80-030 Procedure

9-80-040 Form of Petition

9-80-050 Admissible Evidence

9-80-060 Effect of Decree

9-80-070 Filing of Decrees

LAW AND ORDER Title 9 - Domestic Relations

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Page 3 of 28

9-90 ADOPTION OF MINOR CHILDREN --

9-90-0140 Scope

9-90-020 Procedure

9-90-030 Form of Petition

9-90-0406 Affidavit of Consent

9-90-050 Standards Applied and Evidence Considered

9-90-060 Temporary Decrees of Adoption

9-90-070 Effect of Entry of Decree

9-90-080 Records of Adoption Proceedings

9-90-090 Right to Tribal Membership

9-100 ADOPTION OF ADULTS —

9-100-010 Scope

9-100-020 Consents

9-100-030 Procedure

9-100-040 Form of Petition

9-100-050 Effect of Entry of Decree

9-100-060 Filing of Decrees

9-110 GUARDIANSHIP —

9-110-010 Scope

9-110-020 Commencement of the Action

9-110-030 Procedure

9-110-040 Form of Petition

9-110-050 Standards Applied

9-110-060 Selection and Approval of Guardians

9-110-070 Duties of a Guardian

9-110-080 Costs and Fees

9-110-090 Posting of Bond

9-110-100 Change of Guardian

9-110-110 Review of Guardianships

9-110-120 | Termination of Guardianships

9-110-130 Temporary Guardianships

9-110-140 Filing of Guardianships

LAW AND ORDER Title 9 — Domestic Relations

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Page 4 of 28

LAW AND ORDER CODE

TITLE 9

DOMESTIC RELATIONS

9-10 MARRIAGE -

9-40-0100 Scope — This Chapter 9-10 establishes the requirements for a valid marriage and

the procedures that must be followed by all persons wishing to enter into a valid

marriage.

9-10-020 Consent -- The consent of both parties is required before there can be a valid

marriage. The parties must have the ability to consent.

9-10-030 Ability to Consent — The following persons are legally incapable of giving a valid

consent to the marriage contract, and therefore shall not be issued a license:

(a)

(b)

(c)

A person under cightcen (18) years af age. However, a parent or guardian

may give valid consent for a person under eightecn (18) years of age.

A person who lacks mental capacity because of mental disease or defect of

either a temporary or permanent nature. Absent any other factor, a person

suffering from epilepsy shall not be considered as lacking mental capacity.

A person whose mental capacity is seriously impaired by drugs or alcohol.

9-10-035 Persons Capable of Marriage —

(a)

(b)

Except as otherwise provided in Subsection b and Section 9-10-030, two

persons, regardless of gender, who are at Icast 18 years of age, not nearer of

kin than second cousins or cousins of the half blood, and not having a

spouse living, may be joined in marriage.

Two persons, regardless of gender, who are married to each other may be

rejoined in marriage if the record of their marriage has been lost or

destroyed or is otherwise unobtainable.

9-10-040 Court Orders —

(a)

(b)

(c)

LAW AND ORDER

Availability of Court Orders — In the event that a parent or guardian will not

consent to the marriage of a person under eighteen (18) years of age, or if

there is no parent or guardian, a Tribal Court order permitting the marriage

may be obtained by filing a petition with the Tribal Court Clerk.

Contents of Petition — The petition shal! state the names of the parties who

wish to be married, their ages, the name of the parent(s) or guardian(s), the

reason the consent of the parent(s) or guardian(s) could not be obtained, and

the reason the marriage should be permitted.

Procedure — The Court shall give the petition to the Tribal Judge

immediately after filing. The Judge may schedule a hearing if more

information is required. The hearing shall be held at the next Court date

Title 9 —- Domestic Relations Page 5 of 28

9-10-050

9-10-060

9-10-070

after the petition is filed and the Judge shall announce his decision within

five (5) days from the date of the hearing. The Judge shall order that the

marriage be permitted ifa sufficient reason is given, Pregnancy. while it is

a factor to be considered, is neither determinative nor required.

Marriage Licenscs —

(a)

(b)

(c)

(f)

Requirement -- A marriage license is required before a marriage ceremony

may be performed within this jurisdiction.

Procedure — Persons wishing to marry shall request a license from the Tribal

Court Clerk. The license shall bc on a form approved by the Tribal Council.

The Clerk shall issuc a license as long as he or she is satisfied as to the

parties’ ability to consent.

Contents -- The license shal] state the names of the parties, their ages, and

their addresses, and the names of a party’s parent(s) or guardian(s), when

necessary. The license shall be signed and dated by the Tribal Court Clerk.

Denial of License — If the Tribal Court Clerk refuses to issue a license

because he or she is not satisfied as to the parties’ ability to consent, the

parties may request a hearing before the Tribal Court. Said hearing shall be

held by the next Court date. The Tribal Judge shall resolve all disputes as to

marriage licenses.

Certificate of Marriage — The Tribal Court Clerk shall issue a blank

certificate of marriage at the same time the license is issued. The certificate

shall be on a form approved by the Tribal Council. The certificate shall

contain a space to fill in the names of the partics and thcir ages, the name

and title of the person performing the ceremony, and shall contain a

statement that the partics consent to the establishment of the marriage

relationship between themselves, such statement to be signed by the parties

at the time of the ceremony. The certificate shall also include a space for

the signature of the person performing the ceremony, and for the date the

ceremony was performed, and spaces for the signatures of the two persons

who witness the marriage ceremony.

Time Limit for Validity — A license is valid for thirty (30) days. A

ceremony performed with a license issued morc than thirty (30) days

previously is not valid.

Validity of Licenses Issucd Outside this Jurisdiction — Licenses issued outside this

jurisdiction shall not be used for ceremonies performed within this jurisdiction.

Marriage Ceremonics —

(a)

LAW AND ORDER

No particular form of ceremony is required. However, the parties must

express their consent to the establishment of the marriage relationship

between themselves.

Title 9 — Domestic Relations Page 6 of 28

9-10-080

9-10-090

9-10-100

9-10-110

(b) Any religious practitioner or any Tribal Judge may perform a marriage

ceremony.

(c) Persons wishing to marry must present their valid license to the person

performing the ceremony, whether it’s under (a) or (b) above.

(d) Ceremonies under (a) or (b) above shall be witnessed by two adult persons.

Certificates of Marriage -

(a) Persons authorized by Section 9-10-070 to perform martiage ceremonies

shall request the marriage certificate from the couple and shall see that it is

propcrly filled out and signed.

(b) The original of the certificate shall be given to the parties and two copics

shall be given to the Tribal Court Clerk. The Clerk shall retain one copy in

the Court files and shall file another copy with the county recorder of

Mincral County.

Marriages Entered into Outside this Jurisdiction — Marriages entered into outside

this jurisdiction are valid within this jurisdiction if they are valid in the

jurisdiction in which they were entered into.

Marriages Entered Into Prior to the Adoption of this Title 9 - Marriages entered

into on this Reservation prior to the adoption of this Title 9, whether by formal

ceremony, Indian custom or otherwise, are valid if they were valid when cntered

into.

Common Law Marriage — Common Jaw marriage is recognized as a valid form of

marriage.

(a) A common law marriage exists if:

(1) The individuals both consider themselves married;

(2) The individuals have cohabitated for a period of at least three (3)

years;

(3) Both parties were 18 years of age when their cohabitation began, or

the parents of the minor consented to the cohabitation;

(4) The individuals treat each other as they are married; and

(5) The individuals present themselves in public as if they are married.

(b) Individuals wishing to have the Tribal Court recognize his or her common law

marriage must submit a petition to the Court requesting certification of a

Common Law Marriage. The petition must be filed with the Court Clerk

during the relationship or within one (1) year after the relationship ends,

including if one or both partners have died or the partners have separated.

Either partner may file the petition or both partners may file the petition

LAW AND ORDER Title 9 - Domestic Relations Page 7 of 28

together. A third party, such as next of kin, may also file the petition. The

Petition shall require proof of each requirement in Subsection (a). Proof may

include, mortgage deeds, utility records, bank account records, and affidavits

from individuals who have known or did know the partners during their

common law marriage.

(c) Property Rights — Persons who have married by a recognized common law

marriage shall have the same property rights as persons who are formally

married. as sct forth in Chapter 9-30 of this Title. Such rights shall be

retroactive to the time the couple first began to live together.

(1) year or more may request a certificate from the Tribal Court or the Tribal

Chairperson shall issue a certificate of Indian Custom marriage to the couple

9-20 INDIAN CUSTOM MARRIAGE AND DIVORCE —

9-20-010 Scope — This Chapter 9-20 codifies Tribal customs pertaining to marriage and

divorce.

9-20-020 Validity of Indian Custom Marriages — Marriages according to Indian Custom are

valid.

9-20-030 Certificates of Indian Custom Marriage —

(a) Requirements — Persons who have lived together as a married couple for one

Chairperson stating that they are married according to Indian Custom.

(b) Procedure - The Court or the Chairperson shall require affidavits from three

(3) persons who know the couple before issuing a certificate of Indian

Custom marriage. The affidavits must state the names of the couple, the

name of the individual swearing to the affidavit (affiant), the length of time

the affiant has known the couple, and the length of time the affiant has

known the couple to be living together as a married couple. If the affidavits

establish that the requirements of subsection (a) have been met, the Court or

and shall file a copy of the certificate of Indian Custom marriage to the

couple and shall file a copy of the certificate with the Western Nevada

Agency of the Bureau of Indian Affairs and with the county recorder of

Mineral County.

9-20-040 Indian Custom Divorce or Dissolution ~ Indian Custom divorce or dissolution is

not recognized, Persons who have been married according to Indian Custom, who

wish to dissolve their marriage, must request a dissolution from the Tribal Court

in accordance with the procedures set forth in Chapter 9-60. However, any Indian

Custom divorce which occurred prior to the adoption of this Title 9 is valid if it

was valid at the time it occurred.

9-20-050

Property Rights — Persons who have marricd according to Indian Custom shall

have the same property rights as persons who are formally marcied, as set forth in

Chapter 9-30 of this Title. Such rights shaf] be retroactive to the time the couple

first began to live together.

LAW AND ORDER Title 9 - Domestic Relations Page 8 of 28

9-30 RIGHTS OF EACH SPOUSE-—

9-30-0130 Scope — This Chapter 9-30 cstablishes the property rights of each party to a

marriage.

9-30-020 Community Property --

(a)

(b)

Defined ~— All property acquired after the marriage by either spousc, or both,

while they are living together as a married couple, is community property,

with the exception of the property described in Section 9-30-030.

Rights in Community Property:

(£) Each spouse has a present, existing, and equal interest in all

community property.

(2) Each spouse has an equal right to manage community property.

(3) One spouse may give to the other spouse the right to control a

particular community asset. This agreement must be in writing and

signed by both of the parties.

(4) Neither spouse may make a substantial gift of community property

without the written consent of the other spouse, or any other gift of

community property without the consent of the other spouse. A gift

made without the necessary consent is void.

Joint Agreement of Spouses Required for Certain Transactions —

Notwithstanding any other provision of this Section 9-30-020, neither

spouse may sell or encumber in any way community household goods,

furnishings, appliances, automobiles, or any real property, unless the other

spouse jointly executcs the agreement involved.

9-30-030 Separate Property —

(a)

(b)

Defined ~ All property owned by either spouse before marriage, or acquired

afterwards by gift, by will, or through the laws of inheritance of any

jurisdiction, together with the rents, interest, or profits therefrom, is the

separate property of the owner.

Rights in Separate Property ~ The owner has exclusive control and

management of his or her separate property.

9-30-040 Community Debts —

(a)

LAW AND ORDER

Defined — Community debts are those debts jointly undertaken by the

married coupic, debts incurred in the purchase of community property, and

debts incurred in the support of the either spouse, both spouses and/or their

children, while the married couplc is living together.

Title 9 - Domestic Relations Page S of 28

(b) Responsibility for Community Debts -- Each spouse is jointly and equally

responsible for community debts. In any action in which both spouses are

partics the Court may require that the community property, or if there is

insufficient community properly, the separate property of cither spouse

and/or both spouses can be used to pay community debts.

(a) Defined — All debts undertaken by cither spouse, individually, except for

any debts described in Section 9-30-040 above, arc separate debts.

(b) Responsibility for Separate Debts -- The Court shall not require the separate

property of the either spouse to be used to pay the debts of the other spouse,

unless the owner of the separate property has previously agreed in writing

that his or her separate property may be used to pay for the debts of his or

Individual Property Agreements — Spouses may create their own agreements as to

property and alter the provisions in this Chapter 9-30. Such property agreements

must be in writing, must be signed by the parties, and must specifically itemize

the assets to be affected. ,

Applicability of this Chapter 9-30 to Indian Trust Land and Money to Tribal

Assignments ~ The provisions of this Chapter 9-30 are generally not applicable to

interests in Indian trust land, to moncy held in trust for Indian individuals, or to

assignments to other interests in Tribal lands. However, if cither spouse or both

spouses acquire an interest in Indian trust land, an interest in money held in trust

for Indian individuals, or an assignment or other interests in Tribal lands, and

such acquisition is within the definition of community property as set forth in

Section 9-30-020, such interests may be treated as community property, as long as

such treatment is not in conflict with federal law or with the Tribe's Constitution.

Definition — A void marriage is a marriage which is not valid for any legal

purpose. A void marriage does not create any property rights or obligations, other

than to support any children that may be bom of the marriage.

9-30-050 Separate Debts --

her spouse.

9-30-060

9-30-070

9-40 VOID MARRIAGES —

9-40-010

9-40-020 Marriages That are Void -

(a) Bigamous and incestuous marriages are void.

(b) Definitions:

(1) A bigamous marriage is one that is entered into by any person who is

already married, i.c., the person's prior marriage has not been annulled

or dissolved, and the prior spouse is still alive.

(2) An incestuous marriage is one between a parent and child, or a brother

and sister of the whole or half blood, or an uncle and niece or aunt and

nephew of the whole or half blood, or between first cousins.

LAW AND ORDER Title $— Domestic Relations Page 10 of 28

(3) For purposes of this Chapter 9-40, an aunt is defined as the sister of the

person's parent, an uncle is defined as the brother of the person's parent,

and a first cousin js the child of the person's aunt or uncle,

9-40-030 Court Declaration of Voidness -- Either party lo a void marriage may file a

petition with the Clerk requesting that the marriage be declared void. However,

the void marriage is of no legal effect whether or not the partics obtain a Court

order declaring it void.

9-40-040 Jurisdiction of the Tribal Court to Declare Marriages Void --

(a) The Tribal Court has jurisdiction to declare void any marriage described in

Section 9-40-020 that was entered into on this Reservation.

(b) The Tribal Court has jurisdiction to declare void any marriage described in

Section 9-40-020 that was not entered into on this Reservation, if cither of

the parties to the marriage have resided on this Reservation for at least 6

weeks immediately preceding the filing of the petition.

9-40-050 Procedure —

(a) A petition requesting that a marriage be declared void shall be filed with the

Court Clerk. It must conform to the requirements of Section 9-40-060.

“ (b) A summons shall be issued and served on the other spouse, in accordance

‘ with Title 2, Civil Procedure, unless the other spouse joins in the petition.

(c) The Tribal Court shall hold a hearing if the matter is contested, but may

grant the order without a hearing if the matter is not contested, and evidence

as to the bigamous or incestuous character of the marriage is presented with

the petition.

(d) Ifthe matter is contested, the Court shall issue an order declaring the

marriage void, if the evidence indicates that it is more likely than not that

the marriage is incestuous or bigamous.

(e) Any order as to property, child support and/or custody, or damages shall be

made in accordance with Sections 9-40-070, 9-40-080, and 9-40-090.

9-40-060 Form of Petition —

(a) Required Contents of Petition — A petition requesting the Court to declare a

marriage void shall state:

(1) The names, ages, and residences of the parties to the marriage;

(2) The date and place of the marriage.:

(3) Anallegation as to the Court's jurisdiction; and

LAW AND ORDER Title 9 — Domestic Relations Page 11 of 28

(b)

(c)

(4) The reason the marriage should be declared void.

Additional Contents — The petition may include:

(1) Requests as to division of property and debts.

(2) Requests as to child custody and/or support. and

(3) Allegations as to damages.

Petitions Must Be Signed — The petition must be signed by one or both of

the parties to the marriage.

9-40-070 Property and Debts of Void Marriages —

(a)

(b}

(c)

Community Property Rules Do Not Apply -- Because a void marriage is of

no legal cffect there is no community property. However, the Court shall

ordinarily give to each person one-half (1/2) or the cquivalent value of onehalf (1/2) of what would be community property if the marriage was valid.

Division of Debts - The Court shall ordinarily divide cqually between the

party’s responsibility for all debts that would be community debts if the

marriage was valid.

Discretionary Equitable Awards — The Court may, in its discretion, award to

one party more than one-half (1/2) of what would be community property if

the marriage were valid, if this party also assumes more than one-half (1/2)

of the debts, or if it would be fair and equitable to do so.

9-40-080 Children of Void Marriages -

(a)

(b)

(c)

Support Obligations — Parties to a void marriage have the same obligations

to support their children as if the marriage were valid.

Custody ~ The standards set forth in Chapter 9-70 of this Title should be

followed to determine custody and/or support of any children.

Legitimacy — Children of a void marriage are Jegitimate for all purposes.

9-40-090 Damages —

(a)

(b)

LAW AND ORDER

Any person who knowingly contracts a bigamous marriage shall pay

damages of five hundred dollars ($500.00) to the other party to the

bigamous marriage if that other party was without knowledge of the

bigamous nature of the marriage.

Any person who knowingly contracts a bigamous marriage shall pay

damages of five hundred dollars ($500.00) to the spouse from the first

marriage if that spouse has sucd or commences to sue for divorce or

annulment.

Title 9 ~ Domestic Relations Page 12 of 28

9-40-100

9-50

(c) Any party to a void marriage who is injured thereby, shall receive such other

damages as can be proven, in addition to any damages under (a) and (b)

above.

Filing of Order — Orders obtained pursuant to this Chapter 9-40 shall be filed with

the Tribal Court Clerk. The Tribal Court Clerk shall file a copy with the county

recorder of Mineral County.

ANNULMENT —

9-50-010

9-50-020

9-50-030

Reasons for Annulment of Marriages — The Court may grant an annulment of a

marriage for the following reasons:

(a) Lack of ability to consent because of age.

(b) Lack of ability to consent because of mental disease or defect.

(c) Lack of ability to consent because of scrious mental impairment duc to the

use of drugs or alcohol.

(d) Force or fraud in obtaining consent to the marriage.

Jurisdiction of the Tribal Court —

(a) The Tribal Court has jurisdiction to annul any marriage which was entered

into on this Reservation.

(b) The Tribal Court has jurisdiction to annul any marriage which was not

entered into on this Reservation if either of the partics to the marriage have

resided on this Reservation for at least 6 weeks immediatcly preceding the

filing of the complaint.

Commencement of Annulment Actions — An action to obtain an annulment must

be commenced within the following time periods and by the following persons:

(a) For cause described in Section 9-50-010(a), by the underage party before

reaching the age of twenty (20), or by the parent or guardian of the underage

party before the party reaches eighteen (18). However, a parent or guardian

may not commence an annulment action if a Court order was obtained

pursuant to Section 9-10-0490, or if he gave his consent to the marriage

pursuant to Section 9-10-030(a).

(b) For cause described in Section 9-50-010(b), by the party lacking capacity

within two years of regaining capacity, or by the guardian of the person

lacking capacity within two years of the marriage.

(c) For cause described in Section 9-50-010(c), by the party not freely

consenting within two months of the marriage.

(d) For cause described in Section 9-50-010(d), by the party not freely

consenting within two years of the marriage.

LAW AND ORDER Title 9 —- Domestic Relations Page 13 of 28

9-50-040 Procedure --

(a)

(b)

(c)

(d)

(h)

A complaint requesting that a marriage be annulled shall be filed with the

Clerk. Jt must conform to the requirements of Section 9-50-050.

A summons shal] be issued and served in accordance with Title 2, Civil

Procedure on any party to the marriage not joining in the complaint.

The Court shall hold a hearing whether or not the matter is contested.

If the Court is satisfied that the evidence indicates that it is more likely than

not that the allegations in the petition ate true and is satisfied as to the

Court's jurisdiction, the annulment shall be granted.

Any orders as to child custody and/or support shall be in compliance with

Chapter 9-70 of this Title.

Any order as to damages shall be in accordance with Section 9-50-080

below.

Any order as to property and debts shal! be in accordance with the standards

set forth in Section 9-60-070.

The Court shall restore either spouse to their former name if requested to do

so by the that spouse or that spouse’s representative.

9-50-050 Form of Complaint —

(a)

(b)

LAW AND ORDER

Required Contents of Complaint —

(1) The names of the partics to the marriage.

(2) The date of the marriage.

(3) The place of the marrage.

(4) The reason for the requested annulment.

(5) An allegation as to the Tribal Court's jurisdiction.

(6) If the person filing the complaint is not one of the parties to the

mariage, the relationship of that person to the parties.

Additional Contents — The complaint may include:

(1) A description of any property or debts to be divided by the Court.

(2) Any requests as to child custody and/or support.

Title 9 - Domestic Relations Page 14 of 28

(3) Any allegations as to damages.

{c} Restoration of a Spouse's Former Name -- The complaint may include a

request that a spouse be restored to his/her former name.

(a) After an annulment the parties arc restored to the status of single and

(b) Children ofan annulled marriage are legitimate for ali purposcs.

Alimony Not Awarded — Neither party to an annulled marriage shali be required

Damages — Any person who is damaged because of a marriage that is

subsequently annulled, may receive such damages as can be proven.

Filing of Annulment Orders — The order of annulment shall be filed in the Tribal

Court Clerk's office. The Tribal Court Clerk shall file a copy with the county

Reasons for Dissolution — A dissolution of marriage may be granted if either party

Jurisdiction of the Tribal Court — The Tribal Court shal] have jurisdiction to

(a) Either of the parties to the marriage has resided on this Reservation for at

feast 6 wecks preceding the filing of the complaint.

(b) This Reservation was the last place that the parties lived together as a

(c) This Reservation was the ptacc the marriage was entered into.

9-50-060 Effect of an Order of Annulment —

unmarried persons.

9-50-070

to pay alimony.

9-50-080

9-50-090

recorder of Mineral County.

9-60 DISSOLUTION OF MARRIAGE —

9-60-010

to the marriage considers the marriage a failure.

9-60-020

dissolve any marriage described in Section 9-60-010 ift

married couple: or

9-60-030 Procedure —

(a) Acomplaint requesting a dissolution shall be filed with the Clerk. It must

conform to the requirements of Section 9-60-040.

(b) A summons shall be issued and served in accordance with Title 2, Civil

Procedure on the other party to the mariage.

(c) The Court shall hold a hearing whether or not the matter is contested.

(d) The dissolution shall be granted if the Court is satisfied that it has

jurisdiction, and if the complaint substantially satisfies the requirements of

Section 9-60-040.

LAW AND ORDER Titie 9 ~ Domestic Relations Page 15 of 28

{e)

(f)

(g)

Any order as to child support or custody shal] be in accordance with Chaptcr

9-70 of this Title.

Any order as to property or debts shall be in accordance with Section

9-60-070 below.

The Court shall restore a spouse to his/her former name if requested to do so

by that spouse or that spouso’s representative.

9-60-040 Form of Complaint -

(a)

(b)

{c)

Required Contents — A complaint for dissolution of marriage shall contain:

(1) The names of the parties to the marriage.

(2) The date of the marriage.

(3) The place of the marriage.

(4) An allegation of the Court's jurisdiction.

(5) An allegation of the failure of the marriage.

Additional Contents — The complaint may contain:

(1) A description of any property or debts to be divided by the Court.

(2) Any requests as to child custody and/or support.

(3) Any request for alimony.

Restoration of a Spouse’s Former Name — The complaint may include a

request that a spouse be restored to his/her former name.

9-60-050 Evidence Considered —

(a)

(c)

Fault is irrelevant and no evidence as to fault will be heard by the Court.

Testimony must be given, by a person who is not a party to the marriage, as

to the facts required under Section 9-60-020 above.

No evidence as to the failure of the marriage need be presented by the party

requesting the dissolution.

9-60-060 Alimony —

(a)

LAW AND ORDER

Alimony may be awarded to either party as part of the order granting the

dissolution.

Title 9 ~ Domestic Relations Page 16 of 28

(b) Alimony may be awarded for a limited time and in a limited amount and is

conditioned on necessity and ability to pay.

(c) Alimony terminates automatically on the rernariage of the party recciving

it, or upon the death of cither party. I may be terminated at any time by the

Court, if the necessity for it no longer exists, upon motion by the person

paying alimony.

(d) Alimony does not terminate becausc of the remarriage of the person paying

the alimony.

9-60-070 Division of Property and Debts —

(a) Ordinarily, one-half (1/2) or the cquivalent of one-half (1/2) of the

community property as defined in this Title 9 shall be given to each party.

If the community property includes interests described in Section 9-30-070.

the Court may order a party to request a transfer of such interests. However,

such transfers must conform to the requirements of federal law and the

Tribe's Constitution.

(b) All separate property remains the property of its owner.

(c) Ordinarily, community debts shall be divided so that each party is

responsible for an equal share.

(d} All separate debts remain the responsibility of the party who incurred them.

(c) The Court may, in its discretion, award more than one-half (1/2) of the

community property to onc party, if that party also assumes more than onehalf (1/2) of the community debts, or if it would be fair and equitable to do

so.

(f} In spite of the above provisions, the parties may make their own agreement

as to division of property and/or debts. but such agreements are subject to

review and approval by the Court.

9-60-080 Effect. -- The effect of an order of dissolution is to restore the parties to the status

of single and unmarried persons.

9-60-090 Filing of Orders — The order granting the dissolution shall be filed in the Tribal

Court Clerk's office. The Tribal Court Clerk shall file a copy with the county

recorder of Mineral County.

9-60-100 Tribal Custom Divorces - Tribal custom divorces or dissolutions occurring after

the original date of adoption of this Title are not recognized and have no legal

effect.

LAW AND ORDER Title 9 -— Damestic Relations Page 17 of 28

Nature of Action - A procecding for custody and/or support of children may be

(a} The following persons may bring an action for custody and/or support of a

(3) Any person who provides one-half (1/2) of the total support of the

child. Support means those items necessary and essential to the child's

wellbeing, including such items as food and lodging. However, a

social service agency may bring an action only for support, and only to

recoup any payments made by the agency on behalf of the child.

(b} The Tribe is authorized to bring actions for or intervene in actions relating to

the custody of Indian children in accordance with the Indian Child Welfare

{a} A petition concerning child custody and/or support shall be filed with the

Procedure on all interested persons, including but not limited to the child's

parents, grandparents, and any other person with whom the child resides.

(d) At the hearing the Court shall first determine if there is compliance with

Sections 9-70-020 and 9-70-030 above, and then shall make its order based

on the standards in Section 9-70-050 and/or Section 9-70-070 below.

9-70 CUSTODY AND SUPPORT OF CHILDREN -

9-70-010

joined with a proceeding under any other Chapter of this Title 9, or may be

commenced as a separate procecding.

9-70-020 Proper Parties to Conmence Action —

child:

(1) The child.

(2) Either parent

Act (P.L. 95-608).

9-70-030 Procedure —

Clerk. It must conform to the requirements of Section 9-70-040.

(b) A summons shail be issued and served in accordance with Title 2, Civil

(c) A hearing shall be held whether or not the matter is contested.

9-70-040

Form of Petition — The petition shall state the following information, if known:

(a) The name, age, place of birth and residence of the child.

(b) The name, age, residence, and relationship to the child of the person having

physical custody.

(c) The name, age residence and relationship to the child of the person seeking

custody, if a custody order is sought.

LAW AND ORDER Title 9 - Domestic Relations Page 18 of 28

(dy

(c)

(fy

‘The name, age residence and relationship to the child of the person to be

charged with the support obligation, if a suppor! order is sought.

The name, age, residence and relationship to the child of the person bringing

the petition.

The reason(s) custody and/or support is sought.

9-70-050 Standards to be Applicd and Evidence Considered in Determining Custody —

(a)

(b)

(c)

(4)

(e)

()

(g)

(h)

The Court shall make its decision based on whal will be in the best interests

of the child.

The wishes of the child, though not decisive, will be given a substantial

amount of weight.

No presumptions as to the greater or Jesser suitability of one sex or the other

as a custodian shall be used.

No presumptions as to the suitability of persons of particular ages shall be

used.

Reasons for annulments or dissolutions are irrelevant in custody

proceedings.

Custody may be given to a non-parent only if neither parent wants the child

and they have both waived thcir rights in writing, or the child is found to be

a dependent child in accordance with Title 10, Juvenile Proceedings.

If custody is to be given to a non-parent, grandparents or other relatives

shall be preferred over non-relatives as custodians of the child.

The preference shall be to place the child with an Indian custodian or

guardian on or off the Reservation.

The Judge may request a social services report, which will be admissible in

evidence, to aid him in his determination of custody. A copy of such report

must be given to every interested party at least forty-eight (48) hours before

the hearing.

9-70-060 Visitation Rights — The non-custodial parent, and any other interested relative or

non-relative, shall be given reasonable rights of visitation upon a showing to the

Court of interest in the child.

9-70-070 Support Obligations —

(a)

LAW AND ORDER

Nature of Obligation — Both parents of a child have a continuing obligation

to support their child until the child is eighteen (18) years of age. This

obligation is not affected by the parent's remarriage and is not affected by

Title 9 - Domestic Relations Page 19 of 28

any award of custody of the child.

(b} Determination of Obligation - The Court shall consider the amount of

support which is reasonably necessary, and the financial resources of each

parent. The Court shall then require each parent {o pay a just and reasonable

amount for the support of the child.

Moditication of Support and Custody Orders — Support and custody orders arc

modifiable due to changed circumstances upon petition to the Court according to

Enforcement of Support Orders -- The Court may use its contempt power to

Filing and Service of Custody and Support Orders — Custody and support orders

shall be filed with the Tribal Court Clerk and served upon all parties whose

(a) The purpose of this Chapter 9-80 is to establish the relationship of parent

(b) An action under this Chapter 9-80 is not available ifthe child has been

(c) A proceeding under this Chapter 9-80 may be joined with a proceeding for

Proper Parties to Bring Action — The following persons may bring an action under

(c) Any person who provides one-half (1/2) of the total support of the child.

Support means those items necessary and essential to the child's well-being,

including such items as food and lodging. A social service agency is a

9-70-080

the procedures set oul in this Chapter 9-70.

9-70-090

enforce a support order.

9-70-100

obligations are affected by them.

9-80 DETERMINATION OF PARENTHOOD —

9-80-010 Purpose and Applicability —

and child.

legally adopted.

custody and/or support under Chapter 9-70.

9-80-020

this Chapter 9-80:

(a) The child.

(b) Either parent.

proper party to bring an action under this section.

$-80-030 Procedure —

(a) A petition alleging parenthood shall be filed with the Clerk. It must

conform to the requirements of Section 9-80-040.

(b) A summons shall! be issued and served on any parent who does not join in

the petition in accordance with Title 2, Civil Procedure.

LAW AND ORDER Title 9 ~ Domestic Relations Page 20 of 28

(c) A hearing shall be held whether or not the matter is contested.

(a) The Court shall issue a decree of parenthood ifa preponderance of the

evidence indicates that a parental relationship exists.

Form of Petition -- The petition shall contain the following:

(b) The name, age. place of birth and residence of the alleged parent.

(c) The name, age, residence and relationship to the child of the person bringing

(d) A short statement of the facts on which the allegation of parenthood is

Admissible Evidence — The following types of evidence are admissible in an

(b) Actions or words on the part of the purported parent that indicate a parental

(ce) Any other evidence that is helpful to the Court and is admissible in a civil

Effect of Decree — The effect of a decree of parenthood is to establish the

relationship of parent and child with all the attendant rights and responsibilitics,

Filing of Decrees — All decrees of parenthood shall be filed with Tribal Court

Scope ~ This Chapter 9-90 sets forth the procedures for establishing the

relationship of parent and child, between a child and an adult other than a natural

9-80-040

(a) The name, age, place of birth and residence of the child.

the petition.

based.

9-80-050

action to determine parenthood:

(a) Medical and scientific evidence, if reliable.

relationship.

action under Title 6, Evidence.

9-80-060

including all inheritance rights.

9-80-070

Clerk and shall be served on all persons affected by them.

9-90 ADOPTION OF MINOR CHILDREN —

9-90-010

parent of the child.

9-90-020 Procedure --

(a) A petition requesting an adoption shall be filed with the Clerk. Jt must

comply with the requirements of Section 9-90-030.

(b) A summons shall be issued and served, in accordance with Title 2, Civil

Procedure, on the natural parents, the grandparents, any person with whom

the child resides, and any other interested person(s), unless they have signed

affidavits of consent.

LAW AND ORDER Title 9 - Domestic Relations Page 21 of 28

(c)

(d)

A hearing shall be held whether or not the matter is contested.

The hearing shall be held in closed Court.

9-90-030 Form of Petition —

(a)

(fF)

(g)

The name, age, date and place of birth of the child if known, with

documentary proof if possible.

The name(s), age(s) of the person(s) secking to adopt.

The name(s) and address(es) of the natural parents, if known,

Any affidavils of consent as required by Section 9-90-040.

A statement of any real or personal property owned by the child.

A request that the relationship of parent and child be established.

A statement describing the home environment of the petitioner(s).

9-90-040 Affidavit of Consent —

(a)

(b)

(c)

The consent(s), by affidavit, of the following person(s) is required when

applicable:

(1) Of the child if he or she is twelve (12) years of age or over.

(2) Of each of the natural parents unless their parcntal rights have been

judicially terminated.

(3) Of the grandparents, or any other relative who wishes to provide a

home for the child, unless the Court makes a determination, based on

notice and a hearing, that the grandparents or other relatives are

unsuilable as custodians.

(4) Of the spouse of the adopting party unless the spouse joins in the

petition.

Any consent obtained prior to the birth of the child or for twa weeks

thereafter is void

The consent of the natural parents must be obtained m compliance with the

requirements of the Indian Child Welfare Act (P.L. 95-608).

9-90-050 Standards Applicd and Evidence Considered —

(a)

LAW AND ORDER

A petition for adoption shall be granted if the adoption would be in the best

interest of the child.

Title 9 —- Domestic Relations Page 22 of 28

as)

(b)

(c)

(d)

(h)

Single persons of either sex may adopt a child.

Adopting parents who are married must be at least ten (10) years older than

the child.

Adopting single persons must be at least fifteen (15) years older than the

minor child, unless the minor child is the brother, sister, nephew, niece, or

first cousin of the adopting single person.

There is no upper age limit on suitability as an adoptive parent.

Grandparents and other relatives shall be preferred as adoptive parents over

non-relatives.

The Court may request a social services report on the adoptive parents,

which shall be admitted into evidence, to aid in the determination of whether

or not the adoption would be in the best interest of the child. A copy of such

report must be given to every interested party at least forty-cight (48) hours

before the hearing.

In both temporary and permanent adoption proccedings preference shall be

given to the placement of Indian children with Indian adoptive parents.

9-90-060 Temporary Decrees of Adoption —

{a)

{b)

If the Court feels that the best interest of the child would be served, it may

issue a temporary decree of adoption.

Such decree is valid for six (6) months, at which time another hearing must

be held and a permanent decree granted or denied.

9-90-070 Effect of Entry of Decree —

(a}

(b)

(c)

Establishment of the Relationship of Parent and Child — A temporary or

permanent decree of adoption establishes the relationship of parent and child

between the parties.

Inheritance Rights — After the entry of a permanent decree of adoption, an

adopted child inherits from and through the adoptive parent(s), and adoptive

parent(s) inhcrit from and through the adopted-child. The adopted child

does not inherit from or through the natural parent(s), and the natural

parent(s) do not inherit from or through the adopted child.

Stepparent Adoptions — When a stepparent adopts a child, it does not affect

the relationship between the child and the natural parent who is the spouse

of the stepparent.

9-90-080 Records of Adoption Proceedings —

(a)

LAW AND ORDER

After a permanent adoption decree is granted a new birth certificate shall be

obtained in the name of the adoptive parent(s). The certificate shall be filed

Title 9 ~ Domestic Relations Page 23 of 28

in the Tribal Court Clerk's office. The Tribal Court Clerk shall file a copy

with the county recorder of Mineral County.

(b) All records of adoption proceedings are to be sealed and shall be released

only upon order of (he Court.

Right to Tribal Membership — Adoption shall not affect any rights that a child has

to enroll as a Tribal member due to the blood inherited from his natural parents.

Scope — This Chapter 9-100 sets forth the procedures for establishing the

sclationship of parent and child, between persons 18 years of age or over.

Consents — No consents are required except that of the adopted person and that of

(a) A petition requesting an adoption shall be filed with the Clerk. It must

comply with the requirements of Section 9-100-040.

(b) Notice shall be given to the natural parents.

{c) The Court shall hold a hearing and shail issue the decree of adoption, unless

it finds that one of the parties does not understand the effect of adoption, or

if there is evidence of lack of consent.

(a) The name, age, and residence of the person to be adopted.

(b) The name(s), age(s), and residence of the person(s) wishing to adopt.

{c) A rcquest that the relationship of parent and child be established.

(a) Establishment of the Relationship of Parent and Child — A decree of

adoption establishes the relationship of parent and child between the parties.

(b) inheritance Rights ~ Adopted adults inherit from and through their adoptive

parent(s) and the adoptive parent(s) inherit from and through the adopted

adult. Adopted adults do not inherit from or through their natural parent(s)

and the natural parent(s) do not inherit from or through the adopted adult.

9-90-090

9-100 ADOPTION OF ADULTS -

9-100-010

9-100-020

the adopting person(s).

9-100-030 Procedure —

9-100-040 Form of Petition — The petition shail state:

9-100-050 Effect of Entry of Decree —

9-100-060

Filing of Decrees ~ All decrees obtained pursuant to this Chapter 9-100 shall be

filed with the Tribal Court Clerk. The Tribal Court Clerk shall file a copy with

the County Recorder of Mineral County.

LAW AND ORDER Title 9 - Domestic Relations Page 24 of 28

ae)

9-110 GUARDIANSIUP -

9-110-010 Scope -- This chaptcr 9-110 establishes the procedure for the appointment of

guardians for minor persons, or for adults who are unable to manage their

property and business affairs and/or physically care for themselves.

9-1 10-020 Commencement of the Action — Any person may file a petition fora

guardianship, including the person to be placed under the guardianship.

9-110-030 Procedure

(a)

(b)

(c)

(d)

A petition requesting a guardianship shall be filed with the Clerk. It shall

comply with the requirements of Section 9-1 10-040.

If the proposed ward is an adult, a summons shall be issued and served in

accordance with Title 2, Civil Procedure on all persons who would be

intestate heirs of the proposed ward under the provisions of Title 12,

Probate.

if the proposed ward is a child, summons shall be issued and served, in

accordance with Title 2, Civil Procedure, on the natural parents, unless they

join in the petition.

The Court shall hold a hearing whether or not the matter is contested.

9-110-040 Form of Petition — The petition shall state:

(a)

(b)

(c)

(d)

(e)

The name, age. and residence of the proposed ward.

Whether the proposed guardianship is of the property and business affairs

and/or of the physica! care of the proposed ward and the reasons therefore.

The name, age, and relationship to the proposed ward of the person filing

the petition.

The name of a proposed guardian. and the relationship of the proposed ward

to the proposed guardian.

A description of the proposed ward's income and property.

9-110-050 Standards Applied —

(a)

(b)

LAW AND ORDER

The petitioner must show that a guardianship is necessary for the well-being

of the person and/or the management of his or her property and business

affairs.

The necessity of the guardianship must be shown by clear and convincing

evidence.

Title 9 — Domestic Relations Page 25 of 28

9-1 10-060

9-110-070

9-1 10-080

9-110-090

9-110-100

9-1 10-116

Selection and Approval of Guardians —

(a) The Court shall appoint a guardian only after the hearing required by

Section 9-110-030(d). The Court may approve the guardian suggested by

the petition, or may appoint any other person, as the best intcrests of the

ward require. Wards twelve (12) years of age or over may suggest their own

guardians.

(b) If the ward's estate is large, a financial institution should be appointed to

manage it.

(c) The duties of a guardian may be split, with one person chosen to care for the

individual and another person or an institution chosen to manage the

property.

Duties of a Guardian —

{a) General —- The duties of a guardian are sel forth below, depending on the age

of the ward, the reason for the guardianship, and whether or not the duties of

the guardian are split.

(b) Guardians of the Person ~ Guardians of a ward's physical person are

responsible for providing the neccssitics of life to the ward, and shall have

the authority to enroll a ward in school, to consent to medical treatment, to

obtain any state or Indian benefits for the ward, and to exercise similar

duties and authority.

(c) Guardians of the Estate — Guardians of a ward’s property or business affairs

shall manage the ward's property in the manner in which a prudent person

would manage his own property.

(d) Other Specific Duties — In addition to the dutics listed above, the Court may

enumerate specific dutics for the guardian in its order, if such duties would

be in the best interest of the ward.

Costs and Fees — Guardians may request the Court to approve payment for costs

and fecs arising from the management of property, and reasonable compensation

approved by the Court.

Posting of Bond — Guardians may be required by the Court to post a bond, to

ensure protection of the ward’s property.

Change of Guardian — Persons placed under a guardianship may petition the Court

at any time for a change of guardian.

Review of Guardianships — All guardianships shall be reviewed by the Court at

least once every twelve (12) months as to continued necessity and as to the

suitability of the guardian. The Tribal Court Clerk shall keep a calendar on which

the review dates shall be entered. The guardian, ward, and other interested parties

shall receive at least two weeks’ nolice of any review.

LAW AND ORDER Title 9 - Domestic Relations Page 26 of 28

9-110-120 Termination of Guardianships —

(a) Guardianships of Minors -

(1) Upon turning eighteen (18) years of age, a minor may petition the

Court and have his or her guardianship terminated, uniess there is a

reason for the guardianship beyond age 18 years.

(2) Parents or guardians may petition the Court at any time to terminate

the guardianship of children or wards if the necessity for the

guardianship no longer exists.

(b) Guardianships of Adults — An adult may petition the Court and have his or

her guardianship terminated when the ward regains ability to manage his

property or business affairs and/or physically care for himself.

(c) Guardianships of Minors and Adults The Court may terminate a

guardianship on its own motion, in conjunction with any teview conducted

in accord with Section 9-110-110.

9-1 10-130 Temporary Guardianships —

(a) Defined — A temporary guardianship over either the business affairs or the

physical care of a person may be granted, on petition, but without notice or

hearing, for up to three (3) months. All aspects of a temporary guardianship

are the same as for a permanent one, except no petition is required for

termination.

(b) Procedure — The petition must be accompanied by a written consent from

the natural parents if the proposed ward is a child, or a written consent from

the proposed ward if the proposed ward is an adult.

{c) Conversion into Permanent Guardianships — A new petition must be filed to

change a temporary guardianship into a permanent guardianship, and a full

hearing must be held.

(d) Temporary Guardianships over Minors — Not withstanding any other

provision of Chapter 9-110, a temporary guardianship over the pbysical care

of a minor may be granted by the person having care, custody and control of

the minor for a period of up to six (6) months, without a petition to the

Court. Such guardianship must be in writing. signed by the person granting

it, specify the period for which it is to exist, and state that it is only over the

physical care of the minor. If there are two people who have care, custody,

and control of the minor, they must both sign the guardianship.

9-110-140 Filing of Guardianships — All Court orders as to guardianships and all

guardianships pursuant to Section 9-110-130(d) must be filed with the Tribal Court Clerk and

must be served on the guardian, ward, and other interested parties.

LAW AND ORDER Title 9 —- Domestic Relations Page 27 of 28

CERTIFICATION

Asa duly-elected official of the Walker River Paiute Tribe. | do hereby certify that at a meeting

duly called, noticed, and convened on the 12" day of August 2021, at which time a quorum of 5

was present, the Title 9, Domestic Relations Code was duly amended by a vote of 4-FOR, 0-

AGAINST. and 0-ABSTENTIONS, and said Code has not been rescinded or amended in any

form.

(Omaby, nnn ba as

Tribal Council Chairperson Date

ATTEST:

Ler, VK. Heakanet¥ LZ2(A

Tribal Secretary Date

LAW AND ORDER Title 9 - Domestic Relations Page 28 of 28

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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