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"Courts in seven states have held that ICWA does not bar courts from terminating the parental rights of a non-custodial father under state law when the father abandoned his child to the sole custody of a non-Indian mother, " said Lisa Blatt, attorney for the couple.
CNN: High court to tackle Native American adoption dispute
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In concealing the boy, Wilfong violated the terms of a court order that granted joint custody of the child to Michael Chekevdia, the documents said.
CNN: The story
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The Capobiancos think the issue should be about whether the ICWA law can improperly block adoption proceedings voluntarily initiated by a non-Indian mother who had sole custody of her child, due to what the adoptive parents say is the Indian father's failure to establish a legal parent-child relationship under state law.
CNN: High court to tackle Native American adoption dispute
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Following the report's publication one man who had a dispute with his former wife over the custody of their child told the BBC international courts often ruled against men.
BBC: Rapid rise in global family disputes
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Mr Duguid said Saleem insisted she had left the country because of the prospect of her sister facing court action in relation to a child custody case.
BBC: Barn Park after the fire
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The child's grandfather Kell Hutchence has launched proceedings in Australia seeking sole custody of the couple's child after concerns over a new relationship Miss Yates began while being treated at a clinic for a nervous breakdown earlier this year.
BBC: News | Entertainment | Yates loses custody battle
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But they believe the child they have in custody is the author of a letter to the local Kobe Shimbun, which included details of Hase's killing that were unknown to the public.
CNN: NEWSMAKERS
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Authorities took responsibility and custody of the child in view of his poor health conditions when he was admitted to a hospital.
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If one spouse takes sole custody of the children, the other spouse will have to pay child support which is a state mandated amount scaled to pay levels typically.
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