Legal Opinion

In re C.P.

Court of Appeals of North Carolina

Decided February 20, 2007No. COA06-1392PublishedCited by 10 opinions

1Opinion of the Court

WYNN, Judge.

Where an Indian child is involved in a custody proceeding, the Indian Child Welfare Act allows an Indian tribe to intervene to provide for placement with an Indian family or guardian if possible.1 Here, Respondent-mother contends the trial court erred by failing to continue the case until such time as the Pokagen Band of Potawatomi Indians could intervene. Because Respondent-mother provided no evidence beyond her bare assertions that would prove the Indian Child Welfare Act should apply, we affirm the trial court's order. However, because the trial court failed to make any…

2Cases cited6 opinions

  1. Matter of MontgomerySupreme Court of North Carolina · 1984
  2. Matter of HelmsCourt of Appeals of North Carolina · 1997
  3. In Re GleisnerCourt of Appeals of North Carolina · 2000
  4. In Re Custody of StancilCourt of Appeals of North Carolina · 1971
  5. In re E.C.Court of Appeals of North Carolina · 2005

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Bruce L. v. W.E.Alaska Supreme Court · 2011
  2. In re A.R.Court of Appeals of North Carolina · 2013
  3. In re M.H.B.Court of Appeals of North Carolina · 2008
  4. In re M.M.Court of Appeals of North Carolina · 2013
  5. In re: L.W.S.Court of Appeals of North Carolina · 2017

5 more not listed; retrieve them via the Exa API.

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