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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 6. Family Relations
Chapter 8. Paternity

Section A. Children Born During Marriage

Section B. Children Born Outside of Marriage

Section C. Application of the Laws of Intestate Succession

Section D. Determinations of Paternity

Section E. Procedure to Determine Father and Child Relationship

 

LLOjibwe JCT6 FRC Ch. 8, § A
Section A. Children Born During Marriage

(1) The husband of a child's mother is presumed to be the father of any child born during the marriage.

(2) A biological father who is not the husband of the child's mother may challenge the presumption of paternity of the husband only with the written consent of the mother.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 8, § A, LLOjibwe JCT6 FRC Ch. 8, § A



LLOjibwe JCT6 FRC Ch. 8, § B
Section B. Children Born Outside of Marriage

(1) The paternity of a child born outside of a marriage may be established by genetic testing, as ordered by a Tribal Court upon a motion by the mother of the child; or

(2) The paternity of a child born outside of a marriage may be established by acknowledgement of paternity by a man not excluded by genetic testing, with the permission of the child's mother. The permission and the acknowledgement must be filed with the Clerk of Court of the Leech Lake Band of Ojibwe Tribal Court in order to be valid.

(3) The mother of a child born outside of marriage has sole legal and physical custody of the child unless a court grants custody to another person or transfers custody to an agency.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 8, § B, LLOjibwe JCT6 FRC Ch. 8, § B




LLOjibwe JCT6 FRC Ch. 8, § C
Section C. Application of the Laws of Intestate Succession

(1) A child whose paternity has been established.

A child born outside of a marriage whose paternity has been established may inherit by intestate succession from his or her father.

(2) A child whose paternity has not been established.

A child born outside of a marriage whose paternity has not been established may inherit from his or her father by intestate succession only if she or he can establish by clear and convincing evidence before the Leech Lake Tribal Court that the alleged father acknowledged her or him as his child. Proof of acknowledgement shall include, but is not limited to, testimony by other family members that the child was accepted as the son or daughter of the man from whom he or she wishes to inherit.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 8, § C, LLOjibwe JCT6 FRC Ch. 8, § C




LLOjibwe JCT6 FRC Ch. 8, § D
Section D. Determinations of Paternity

In actions brought for determination of the paternity of a child, the judgment of the Leech Lake Tribal Court establishing the identity of the father of the child shall be conclusive in all subsequent proceedings relating to the determination of heirs and rights of inheritance.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 8, § D, LLOjibwe JCT6 FRC Ch. 8, § D




LLOjibwe JCT6 FRC Ch. 8, § E
Section E. Procedure to Determine Father and Child Relationship

Until amendment of this Code, the Tribal Court may apply the procedure set forth in Minnesota Statutes §§ 257.57--257.73 to determine father and child relationship.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 8, § E, LLOjibwe JCT6 FRC Ch. 8, § E


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