Ponca Tribe of Nebraska Tribal Code
TITLE IV DOMESTIC RELATIONS
CHAPTER 6 PARENT AND CHILD
Section 4-6-1. Parents Equally Entitled to Custody and Earnings of Child-Death or Abandonment by One Parent
Section 4-6-2. Order for Joint Legal Custody; Factors for Court’s Consideration
Section 4-6-3. Residential Parent to Make Routine Decisions Concerning Child
Section 4-6-4. Denial of Access to Certain Records and Information Pertaining to Minor Child Prohibited
Section 4-6-5. Father’s Rights Not Superior to Mother’s While Separated
Section 4-6-6. Custody and Earnings of Children Born Out of Wedlock
Section 4-6-7. Parent and Child Not Answerable for Act of Other
Section 4-6-8. Parental Liability for Willful Acts of Child; Limitation of Recovery; Motor Vehicle Cases Excepted; Specific Findings in Disputed Cases
Section 4-6-9. Parental Duty to Support Child
Section 4-6-10. Emancipation by Express Agreement; Approval of the Court
Section 4-6-11. Emancipated Minor Defined
Section 4-6-12. Age of Majority for Certain Purposes; Parent or Guardian Liability
Section 4-6-13. Petition for Emancipation; Procedure
Section 4-6-14. Rescission of Declaration of Emancipation
Section 4-6-15. Declaration Obtained by Fraud Voidable; Proceedings
The father and mother of an unmarried minor child are equally entitled to the child's custody, service, and earnings. If either the father or mother is dead or refuses to take the custody of the children or has abandoned the family, the other is entitled to the child's custody, service, and earnings.
Ponca Tribe of Nebraska Code § 4-6-1, PTN Code § 4-6-1
In any custody dispute between parents, the Court may order joint legal custody so that both parents retain full parental rights and responsibilities with respect to their child and so that both parents must confer on major decisions affecting the welfare of the child. In ordering joint legal custody, the Court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those aspects between the parties based on the best interests of the child. If it appears to the Court to be in the best interests of the child, the Court may order, or the parties may agree, how any such responsibilities shall be divided. Such areas of responsibility may include primary physical residence, education, medical and dental care, and any other responsibilities that the Court finds unique to a particular family or in the best interests of the child.
Ponca Tribe of Nebraska Code § 4-6-2, PTN Code § 4-6-2
During the time a child, over whom the Court has ordered joint legal custody to both parents, resides with either parent, that parent shall decide all routine matters concerning the child.
Ponca Tribe of Nebraska Code § 4-6-3, PTN Code § 4-6-3
Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, including counseling, dental, optometric and similar health care, and school records, may not be denied to a parent because such parent is not the child's primary residential parent.
Ponca Tribe of Nebraska Code § 4-6-4, PTN Code § 4-6-4
The husband and father, as such, has no rights superior to those of the wife and mother in regard to the care, custody, education, and control of the children of the marriage, while such husband and wife live separate and apart from each other.
Ponca Tribe of Nebraska Code § 4-6-5, PTN Code § 4-6-5
The mother of an unmarried minor born out of wedlock is entitled to its custody, services, and earnings subject to the Court's right to award custody of the child to either parent, considering the best interests of the child as to its temporal mental and moral welfare.
Ponca Tribe of Nebraska Code § 4-6-6, PTN Code § 4-6-6
Except as provided by Section 4-6-8, neither parent nor child is answerable as such, for the act of the other.
Ponca Tribe of Nebraska Code § 4-6-7, PTN Code § 4-6-7
Any person, firm, association, private or public corporation, including the Ponca Tribe of Nebraska and its political subdivisions, suffering damages to real, personal, or mixed property, or personal injury, through the malicious and willful act or acts of a minor child or children under the age of eighteen (18) years while residing with their parents, shall have therefor a cause of action against and to recover from the parents of such child or children. In each case, the amount of recovery against one or both parents shall be limited to actual damages of $1,500.00 and the taxable court costs, and does not apply to damages proximately caused through the operation of a motor vehicle by the minor child or children. If the issue is disputed, any determination that a parent is not responsible for the full amount of actual damages and costs unauthorized by this section shall be justified in a specific finding, in writing, or on the record.
Ponca Tribe of Nebraska Code § 4-6-8, PTN Code § 4-6-8
The parents of any child are under a legal duty to support their child in accordance with the provisions of Chapter 4, until the child attains the age of eighteen (18), or until the child attains the age of nineteen (19) if he is a full-time student in a secondary school.
Ponca Tribe of Nebraska Code § 4-6-9, PTN Code § 4-6-9
Emancipation is express when it is by agreement of both parents, if living, and if not, the surviving parent and the child. Any such express agreement of emancipation shall be presented to the Court for approval. The Court shall issue a declaration of emancipation if it finds the emancipation would not be contrary to the child's best interests. The declaration of emancipation and a copy of the agreement shall be filed by the Tribal Court Administrator.
Ponca Tribe of Nebraska Code § 4-6-10, PTN Code § 4-6-10
Any person under the age of eighteen (18) years who:
1. Has entered into a valid marriage, whether or not such marriage was terminated by dissolution; or
2. Is on active duty with any of the armed forces of the United States of America; or
3. Has received a declaration of emancipation pursuant to Section 4-6-13; is an emancipated minor.
Ponca Tribe of Nebraska Code § 4-6-11, PTN Code § 4-6-11
An emancipated minor shall be considered as being over the age of majority for the following purposes;
1. For the purpose of consenting to medical, chiropractic, optometric, dental or psychiatric care, without parental consent, knowledge, or liability;
2. For the purpose of his capacity to enter into a binding contract;
3. For the purpose of his capacity to sue and be sued in his own name;
4. For the purpose of his right to support by his parents;
5. For purposes of the rights of his parents to his earnings, and to control him;
6. For the purpose of establishing his own residence;
7. For the purpose of buying or selling real property;
8. For the purpose of ending all vicarious liability of the minor's parents or guardian for the minor's torts; and
9. For the purpose of enrolling in any school or college.
Nothing in this section may be construed to relieve the minor's parents or guardian from any liability for the torts of an emancipated minor if the liability arises out of an agency relationship, out of the operation of a motor vehicle as provided in Section 4-6-8 or some other principle of law other than the parent-child relationship.
Ponca Tribe of Nebraska Code § 4-6-12, PTN Code § 4-6-12
A minor who is a member of the Tribe may petition the Court for a declaration of emancipation. The petition shall be verified and shall set for with specificity all of the following:
1. That he is at least sixteen (16) years of age;
2. That he willingly lives separate and apart from his parents or guardian with the consent or acquiescence of his parents or guardian;
3. That he is managing his own financial affairs;
4. That the source of his income is not derived from any activity declared to be a crime by the laws of the Ponca Tribe of Nebraska or the laws of the United States.
Before the petition is heard, such notice as the Court deems reasonable shall be given to the minor's parents, guardian or other person entitled to the custody of the minor, or proof made to the Court that their addresses are unknown, or that for other reasons such notice cannot be given. If a minor is a ward or dependent child of the Tribe, notice shall be given to the appropriate tribal agency.
The Court shall sustain the petition if it finds that the minor is a person that fulfills the requirements of this section and that emancipation would not be contrary to the child's best interests.
If the petition is sustained, the Court shall forthwith issue a declaration of emancipation, which shall be filed by the Tribal Court Administrator.
If the petition is denied, the minor may appeal to the decision in accordance with the rules of civil procedures.
If the petition is sustained, the parents or guardian may appeal to the Tribal Court if they have appeared in the proceedings and opposed the granting of the petition.
A declaration is conclusive evidence that the minor is emancipated.
Ponca Tribe of Nebraska Code § 4-6-13, PTN Code § 4-6-13
A minor declared emancipated under Section 4-6-13 or 4-6-10, or his conservator, may petition the Court to rescind the declaration.
Before the petition is heard, such notice as the Court deems reasonable shall be given to the minor's parents or guardian or proof made to the Court that their addresses are unknown, or that for other reasons such notice cannot be given. However, no liability may accrue to any parent or guardian not given actual notice, as a result of rescission of the declaration of emancipation, until such parent or guardian is given actual notice.
The Court shall sustain the petition and rescind the declaration of emancipation if it finds that the minor is indigent and has no means of support.
If the petition is sustained, the court shall forthwith issue a court order rescinding the declaration of emancipation granted under Section 4-6-13, which shall be filed by the Tribal Court Administrator.
Rescission of the declaration of emancipation does not alter any contractual obligations or rights or any property rights or interests which arose during the period that the declaration was in effect.
Ponca Tribe of Nebraska Code § 4-6-14, PTN Code § 4-6-14
A declaration of emancipation obtained by fraud or by the withholding of material information is voidable. The voiding of any such declaration pursuant to this section does not alter any contractual obligations or rights or any property rights or interests which arose during the period that the declaration was in effect.
A proceeding under this section may be commenced by any person or by any public or private agency. Notice of the commencement of such a proceeding and of any order declaring the declaration of emancipation to be void shall be consistent with the requirements of Section 4-6-16.
Ponca Tribe of Nebraska Code § 4-6-15, PTN Code § 4-6-15