Summer 2003

pine cone Pine Tree Case Summariespine cone

The following is a summary of a case handled by Pine Tree Native American Unit attorney Judith Plano for a Native American living in Connecticut.  Pine Tree attorneys are not licensed to practice law in Connecticut.  However, the Native American Unit may be able to give information and help to low-income Native Americans in Connecticut with federal legal problems, such as questions about the Indian Child Welfare Act and the Jay Treaty.  Pine Tree can also refer cases to lawyers in Connecticut.  You can call attorneys Judith Plano or Mike Guare or paralegal Danny Mills at 1-800-879-7463.

The client came to a Family Law Workshop that Judith Plano held at all the reservations in Maine.  The client had just returned the day before from Connecticut where she had been living with her husband and children on a military base.  She and her husband had been having difficulties.

Before coming to Maine to visit her family, the client had been hospitalized.  While she was in the hospital, her in-laws took care of her children.  They visited her in the hospital and had her sign temporary guardianship papers.  When she got out of the hospital, however, her husband served her with divorce papers and then left for a new assignment in another state.  The client could not remain on base housing without him.  He also cleared out the bank account and stopped all the credit cards.  The client had been left homeless, penniless and her children had been taken from her.

Judith met with the client after the Workshop in Maine and read the papers that the client had brought with her.  Judith discovered that the Probate hearing on the Guardianship was to be held the next day.  Her husband had told the client that she did not need to appear.  She had also been told that she did not need to do anything about the divorce papers.  However, when Judith read the papers, they said that the client had to file a reply or she would waive all her rights.

Judith advised the client that she needed to go to the Probate court hearing.  She and her sister drove all night to get there.  The Probate judge gave the in-laws temporary guardianship until the client could get a job and a place to live.  He advised her that she needed an attorney.

Next, the client answered the divorce complaint on her own.  In the meantime, Judith contacted Connecticut Legal Services about finding a pro-bono (free) lawyer for the client.  Connecticut Legal Services was very helpful and the client is now represented by an attorney in all the matters.  She later called to say that she was truly grateful for our advice and for Pine Tree's ability to help her find legal representation.