Domestic Relations & Families (Amended as of 08/20/2021) CHICKASAW NATION CODE TITLE 6 "6. DOMESTIC RELATIONS AND FAMILIES" CHAPTER 1 MARRIAGE ARTICLE A DISSOLUTION OF MARRIAGE Section 6-101.1 Title. Section 6-101.2 Jurisdiction. Section 6-101.3 Areas of Jurisdiction. Section 6-101.4 Applicable Law. Section 6-101.5 Definitions of Marriage; Common Law Marriage. Section 6-101.6 Actions That May Be Brought; Remedies. Section 6-101.7 Consanguinity. Section 6-101.8 Persons Having Capacity to Marry. Section 6-101.9 Marriage Between Persons of Same Gender Not Recognized. Section 6-101.10 Grounds for Divorce. Section 6-101.11 Petition; Summons. Section 6-101.12 Notice of Pendency Contingent upon Service. Section 6-101.13 Special Notice for Actions Pending in Other Courts. Section 6-101.14 Pleadings. Section 6-101.15 Signing of Pleadings. Section 6-101.16 Defense and Objections; When and How Presented; by Pleadings or Motions; Motion for Judgment on the Pleadings. Section 6-101.17 Reserved. Section 6-101.18 Lost Pleadings. Section 6-101.19 Reserved. Section 6-101.20 Reserved. Section 6-101.21 Reserved. Section 6-101.22 Reserved. Section 6-101.23 Reserved. Page 6-1 Domestic Relations & Families Section 6-101.24 Reserved. Section 6-101.25 Reserved. Section 6-101.26 Reserved. Section 6-101.27 Summons, Time Limit for Service. Section 6-101.28 Service and Filing of Pleadings and Other Papers. Section 6-101.29 Computation and Enlargement of Time. Section 6-101.30 Legal Newspaper. Section 6-101.31 Answer May Allege Cause; New Matters Verified by Affidavit. Section 6-101.32 Petition for Divorce to Allege Causes Following Language of Statute Without Statement of Facts; Bill of Particulars. Section 6-101.33 Divorce, Separate Maintenance and Annulment Cases; Delayed Final Orders; Waivers; Exceptions. Section 6-101.34 Reserved. Section 6-101.35 Proceeding for Disposition of Actions with Minor Children. Section 6-101.36 Reserved. Section 6-101.37 Best Interest of Child Considered in Awarding Custody or Appointing Guardian - Joint Custody - Plan - Mediation. Section 6-101.38 Custody of Child during Separation Without Divorce. Section 6-101.39 Determination of Paternity, Custody and Child Support. Section 6-101.40 Reserved. Section 6-101.41 Presumption that Man is the Natural Father. Section 6-101.42 Persons Entitled to Dispute Presumption - Time Limit. Section 6-101.43 Establishment of Paternity by Child. Section 6-101.44 Orders Concerning Property, Children, Support and Expenses. Section 6-101.45 Policy for Equal Access to the Minor Children by Parents. Section 6-101.46 Indirect Contempt for Disobeying Property Division Orders. Section 6-101.47 Order to Provide Minimum Visitation for Noncustodial Parent; Violation of Order. Section 6-101.48 Reserved. Section 6-101.49 Enforcement of Visitation Rights of Noncustodial Parent. Section 6-101.50 Child Support Enforcement Department Recognized; Duties. Section 6-101.51 Care, Custody and Support of Minor Children. Section 6-101.52 Reserved. Section 6-101.53 Evidence of Domestic Abuse Considered - Rebuttable Presumption. Section 6-101.54 Preference of Child Considered in Custody or Visitation Actions. Section 6-101.55 Interest on Delinquent Child Support and Judgments for Support. Section 6-101.56 Restoration of Maiden or Former Name; Alimony; Property Division. Section 6-101.57 Separate Property. Section 6-101.58 Divorce Dissolves Marriage Contract and Bars Property Claims; Exception for Actual Fraud. Section 6-101.59 Unlawful to Marry Within 6 Months from Date of Divorce Decree; Page 6-2 Domestic Relations & Families Penalty for Remarriage and Cohabitation; Appeal. Section 6-101.60 Reserved. Section 6-101.61 Remarriage as Ground for Annulment. Section 6-101.62 Time When Judgment is Final in Divorce; Appeal. Section 6-101.63 Action to Void Marriage Due to Incapacity. Section 6-101.64 Alimony Without Divorce. Section 6-101.65 Evidence in Divorce or Alimony Actions. Section 6-101.66 Residency in Divorce Action. Section 6-101.67 Reserved. Section 6-101.68 Dissolution of Divorce Decree. Section 6-101.69 Alimony Payments; Termination; Modification. Section 6-101.70 Reserved. Section 6-101.71 Reserved. Section 6-101.72 Past Due Support Payments as Judgment; Arrearage Payment Schedule. Section 6-101.73 Costs in Child Support Enforcement Cases. Section 6-101.74 Reserved. Section 6-101.75 Contracts Altering Legal Relations Not Allowed; Exceptions. Section 6-101.76 Mutual Consent as Consideration. Section 6-101.77 Husband and Wife; Joint Tenants, Tenants in Common or Community Property; Separate Property; Inventory and Filing. Section 6-101.78 Liability for Acts and Debts of the Other Spouse; Curtesy and Dower Not Allowed at Death. Section 6-101.79 Reserved. Section 6-101.80 Reserved. Section 6-101.81 Reserved. Section 6-101.82 Reserved. Section 6-101.83 Reserved. Section 6-101.84 Reserved. Section 6-101.85 Ex parte Orders; Writs of Habeas Corpus. Section 6-101.86 Jurisdiction Asserted in More than One Venue. Section 6-101.87 Reciprocity. Section 6-101.88 Registration of Foreign Determination of Child Custody. Section 6-101.89 Enforcement. Section 6-101.90 Child Support. ARTICLE B CHILD SUPPORT GUIDELINES Section 6-102.1 Purpose. Section 6-102.2 Child Support Orders to Include Provision for Income Assignment - Voluntary Income Assignment. Page 6-3 Domestic Relations & Families Section 6-102.3 Child Support Orders to Include Provision for Health Insurance and Day Care Expenses. Section 6-102.4 Security or Bond for Payment of Child Support. Section 6-102.5 Modification, Suspension or Termination of Income Assignment Order. Section 6-102.6 Child Support Guidelines. Section 6-102.7 Dependent Minor Child. Section 6-102.8 Reserved. Section 6-102.9 Reserved. Section 6-102.10 Child Support Guideline Schedule. Section 6-102.11 Reserved. Section 6-102.12 Child Support Computation Form. Section 6-102.13 Children not Otherwise Considered. CHAPTER 2 DEPRIVED CHILDREN ARTICLE A GENERAL PROVISIONS Section 6-201.1 Purpose. Section 6-201.2 Indian Child Welfare. Section 6-201.3 Title IV-E Federal Funding for Child Welfare Services. Section 6-201.4 Definitions. Section 6-201.5 Jurisdiction for Deprived Child Proceedings Originating in the Chickasaw Nation District Court. Section 6-201.6 Written Consent to Jurisdiction. Section 6-201.7 Child Welfare Transfers from Another Court. Section 6-201.8 Child Welfare Transfers to Tribal or State Court. Section 6-201.9 Placement Preferences. Section 6-201.10 Extended Family Defined. Section 6-201.11 Notice of Legal Rights. Section 6-201.12 Prosecutor Duties. Section 6-201.13 Procedure. Section 6-201.14 Reasonable Efforts. Section 6-201.15 Hearings. Section 6-201.16 Court Reports. Section 6-201.17 Confidential Records. Section 6-201.18 Inspection of Court Records. Section 6-201.19 Search Warrants for the Protection of Children. Section 6-201.20 Issuance and Return of Search Warrant. Page 6-4 Domestic Relations & Families Section 6-201.21 Expiration of Search Warrant. Section 6-201.22 Appeals. Section 6-201.23 Voluntary Foster Care Authorized. Section 6-201.24 Multi-Disciplinary Team. Section 6-201.25 Members of the Multi-Disciplinary Team. Section 6-201.26 Duties of the Multi-Disciplinary Team. ARTICLE B CHILD ABUSE REPORTING Section 6-202.1 Persons Required to Report Child Abuse or Child Neglect. Section 6-202.2 Evidence of Abuse. Section 6-202.3 Immunity from Liability. Section 6-202.4 Reporting Procedures. Section 6-202.5 Central Registry. Section 6-202.6 Confidentiality of Child Abuse Reporting. ARTICLE C PROTECTIVE AND EMERGENCY CUSTODY Section 6-203.1 Protective Custody. Section 6-203.2 Emergency Custody. Section 6-203.3 Show Cause Hearing. Section 6-203.4 Placement of the Child. Section 6-203.5 Duration of Emergency Custody Order. Section 6-203.6 Paramount Concern. ARTICLE D ADJUDICATION Section 6-204.1 Prosecutor Intake. Section 6-204.2 Petition Contents. Section 6-204.3 Petition Form. Section 6-204.4 Paternity. Section 6-204.5 Summons. Section 6-204.6 When Summons Unnecessary. Section 6-204.7 Additional Parties to Be Summoned. Section 6-204.8 Service of Summons. Section 6-204.9 Failure to Appear. Section 6-204.10 Appointment of Counsel. Section 6-204.11 Appointment of Guardian Ad Litem. Page 6-5 Domestic Relations & Families Section 6-204.12 Duties of the Guardian Ad Litem. Section 6-204.13 Compensation of the Guardian Ad Litem. Section 6-204.14 Adjudication Hearing. Section 6-204.15 Alternative Method of Testimony for a Child under the Age of Thirteen Years. Section 6-204.16 Hearsay Statements of a Child under the Age of Thirteen Years. Section 6-204.17 Sustaining Petition. Section 6-204.18 Appeal. Section 6-204.19 Continuing Jurisdiction. Section 6-204.20 Dismissal of Petition. Section 6-204.21 Diversion by Consent Decree. ARTICLE E DISPOSITION Section 6-205.1 Disposition Hearing. Section 6-205.2 Disposition Hearing Purpose. Section 6-205.3 Disposition Hearing Procedures. Section 6-205.4 Medical Examination. Section 6-205.5 Modifications. Section 6-205.6 Orders for Child Support. Section 6-205.7 Additional Orders. Section 6-205.8 Individualized Service Plan. Section 6-205.9 Traditional Custodians= and Grandparents= Rights Following Disposition. ARTICLE F PERMANENCY PLANNING, REASONABLE EFFORTS AND REVIEWS Section 6-206.1 Permanency Planning Review Hearings. Section 6-206.2 Concurrent Permanency Planning. Section 6-206.3 Reasonable Efforts Not Required in Certain Cases. Section 6-206.4 Reports. Section 6-206.5 Evidence for Permanency Planning Reviews. Section 6-206.6 Permanency Planning Review Orders.