Rosser v. Rosser – Turtle Talk

Here are the materials in Rosser v. Rosser (W.D. Okla.):

Complicated, ugly case, like so many family law cases. An excerpt:

As noted above, Plaintiff seeks two forms of relief. First, a writ of habeas corpus ordering the return of her daughter, K.T., and, second, a declaratory judgment determining the jurisdiction of the tribal court. 25 U.S.C. § 1303 provides that a writ of habeas corpus shall “be available to any person, in a court of the United States, to test the legality of his detention by order of an Indian tribe.” Although as a general matter courts will not use this statute to intervene in child custody determinations, the facts as alleged in this case warrant a departure from the usual practice. According to the allegations in Plaintiff’s Complaint, the tribal court has ordered custody of K.T. be awarded to a person who has no legal status to her. Thus, this case is distinguishable from the typical child custody dispute where the losing party is simply seeking a different court’s take on a custody determination between two parties. Because Plaintiff has set forth allegations which state a plausible claim for relief under § 1303, Defendant Rosser’s Motion to Dismiss pursuant to 12(b)(6) will be denied.