Native American Law

At Jenkins Law, we have over 15 years of experience in practicing Native American Law, including handling the complexities of the Indian Child Welfare Act (ICWA). Our practice is built on a foundation of deep respect and understanding of Tribal, State, and Federal legal systems. We’ve fostered strong connections with leaders across these communities, allowing us to represent clients effectively in various courts.

With a focus on tribal courts in Utah and neighboring states, we are adept at navigating the unique legal landscapes of the 574 federally recognized Native American Tribes, ensuring our clients receive knowledgeable and culturally sensitive legal guidance.

Our services cover a range of personal legal matters, including Divorce, Adoption, Juvenile Court, Guardianship, ICWA, and Probate, primarily in tribal courts. Additionally, we advocate for tribal individuals and interests in both State and Federal courts. At Jenkins Law, we are committed to offering compassionate, professional legal services to those navigating the intricacies of Native American Law.

ICWA – Indian Child Welfare Act

In an ICWA (Indian Child Welfare Act) case, Jenkins Law can provide invaluable legal assistance by ensuring strict compliance with ICWA regulations. We navigate the complexities of tribal and state requirements, facilitate effective communication with all relevant parties, represent their client’s interests in ICWA-compliant court proceedings, and prioritize the child’s best interests. Our expertise in ICWA cases ensures that the legal process proceeds within the framework of this federal law, protecting the child’s welfare and preserving tribal connections when applicable.

Divorce

Jenkins Law will provide legal guidance and representation to address child custody and visitation matters while prioritizing the child’s best interests and preserving tribal connections when applicable. Jenkins Law’s expertise in ICWA cases will navigate the divorce proceedings within the framework of this federal law, safeguarding the child’s welfare.

Custody

Jenkins Law will offer legal expertise and representation to navigate custody matters while adhering to ICWA regulations. They will prioritize the child’s best interests, facilitate communication among relevant parties, and ensure compliance with this federal law to protect the child’s welfare and tribal connections when applicable.

Child Support

Under ICWA (Indian Child Welfare Act) law, Jenkins Law would provide legal guidance and representation in a child support case while ensuring compliance with ICWA regulations. They would prioritize the child’s best interests, work to establish or modify child support obligations, and facilitate communication among relevant parties. Their expertise in ICWA cases would ensure that the child’s welfare is protected while adhering to the provisions of this federal law.

Modifications

In an ICWA (Indian Child Welfare Act) child support modification case, Jenkins Law would offer legal support to pursue or challenge alterations to child support orders. They would prioritize the child’s well-being, assist in collecting essential evidence, and navigate the legal procedures to achieve a fair and ICWA-compliant resolution. Jenkins Law’s proficiency in ICWA cases guarantees the child’s protection, even in the context of modifying child support arrangements.

Motions to Enforce

Jenkins Law’s responsibilities would include:

Enforcing child support orders. Facilitating communication among involved parties. Prioritizing the child’s well-being while adhering to this federal law’s provisions. Jenkins Law’s proficiency in ICWA cases would guarantee the enforcement of child support obligations while ensuring the child’s welfare is protected.

Enforcing child support orders.
Facilitating communication among involved parties.
Prioritizing the child’s well-being while adhering to this federal law’s provisions.

Jenkins Law’s proficiency in ICWA cases would guarantee the enforcement of child support obligations while ensuring the child’s welfare is protected.

Juvenile Court

Jenkins Law would provide legal representation and support while ensuring compliance with ICWA regulations. They would address child support matters within the juvenile court system, facilitate communication among relevant parties, and prioritize the child’s best interests per the provisions of this federal law.

Guardianship

In an ICWA (Indian Child Welfare Act) context, within a child support guardianship case, Jenkins Law would address child support issues within the framework of guardianship proceedings, foster communication among pertinent parties, and give paramount consideration to the child’s well-being, aligning with the provisions of this federal law.

Name Change

Jenkins Law would handle child support matters within a name change process, facilitate communication among relevant parties, and prioritize the child’s best interests in line with this federal law. Jenkins Law’s expertise in ICWA cases guarantees that child support issues are addressed in a manner consistent with the law, protecting the child’s welfare, even in cases related to name changes.

Private Adoptions

In an ICWA (Indian Child Welfare Act) private adoption case, Jenkins Law would serve as legal counsel and advocate, ensuring strict compliance with ICWA regulations throughout the adoption process. Their role would encompass guiding the adoptive parents and birth parents through ICWA requirements, facilitating communication and consent processes, and representing the child’s best interests following federal law. Jenkins Law’s expertise in ICWA cases would ensure that the adoption is carried out within the legal framework, preserving the child’s cultural connections and welfare, even in a private adoption scenario.

Foster Care Adoptions

Step-Parent Adoptions

Jenkins Law acts as an intermediaries for facilitating transparent communication between the biological parent(s), the step-parent, and pertinent tribal authorities, striving for consensus on the adoption process. Jenkins Law takes charge of the meticulous preparation and submission of all requisite legal documentation, encompassing petitions, consents, and court filings specific to step-parent adoptions. Furthermore, they serve as legal advocates during court proceedings, staunchly representing the interests of the step-parent and the child. Their advocacy underscores the adoption’s alignment with ICWA guidelines, emphasizing the child’s paramount welfare.

Adult Adoptions

In an ICWA foster care or adult adoption case, Jenkins Law would act as a supplementary legal framework, aligning with ICWA’s federal mandates. The court would employ a “best interests of the child” standard while adhering to ICWA’s placement preferences for extended family or tribal members. Termination of parental rights would require “clear and convincing evidence,” in line with ICWA. Overall, Jenkins Law balances individual well-being with cultural and familial considerations.

ICWA Adoptions

In an ICWA foster care or adoption scenario, Jenkins Law would operate with ICWA’s federal mandates. Courts would apply a “best interests of the child” standard while observing ICWA’s preferential placement hierarchy for family or tribal members. Any termination of parental rights would necessitate “clear and convincing evidence” consistent with ICWA requirements. Jenkins Law would serve to harmonize individual welfare with cultural and kinship considerations within the legal framework.

Guardianships

In an ICWA foster care or adoption case, Jenkins Law would work alongside ICWA’s federal guidelines. Courts would utilize a “best interests of the child” standard while adhering to ICWA’s placement preferences for family or tribal members. Termination of parental rights would require clear and convincing evidence in line with ICWA stipulations. Jenkins Law aims to align individual well-being with cultural and familial imperatives within the legal process.

Mediation

In an ICWA foster care mediation case, Jenkins Law would serve as a supplementary legal framework, harmonizing with ICWA’s federal regulations. The mediation process would be guided by the “best interests of the child” standard while respecting ICWA’s preference for family or tribal placements. Jenkins Law would aim to facilitate a resolution that balances the child’s welfare with cultural and familial considerations per both Jenkins Law and ICWA guidelines.

Wills

Trusts

In an ICWA trust situation involving a will, Jenkins Law would set the legal framework for trust administration while complying with ICWA’s federal mandates. It would outline fiduciary responsibilities for trustees and guide asset distribution, considering ICWA’s emphasis on cultural and familial bonds. Jenkins Law aims to harmonize the will and trust terms to align with the grantor’s wishes and ICWA guidelines.

Probate

In an ICWA probate situation involving a will, Jenkins Law would guide the validation of the will and the administration of the estate while adhering to ICWA’s federal standards. It would outline the executor’s fiduciary duties and oversee asset distribution, considering ICWA’s cultural and familial preferences. Jenkins Law aims to ensure a legally compliant probate process that respects the decedent’s intent and ICWA mandates.