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Approved: 1998; Last amended: 2004
Section 1. Purpose and Interpretation. It is the purpose
of this Title to encourage respect for traditional Coushatta customs and traditional
non-Indian customs and to sanction the organization of family life in accordance
with Coushatta customs or non-Indian customs as the individuals involved may
choose, provided that the obligations toward family and community which are
accepted as a fundamental principle of family life in both cultures are faithfully
performed. Marriage, in accordance with Coushatta custom and the provisions
of this Title, shall be encouraged by the Coushatta Court and all other tribal
officials and authorities, including clan authorities. The provisions of this
Title shall be interpreted in order to further these purposes.
Section 2. Previous Marriages. Marriages of Coushatta Indians
consummated before the effective date of this Title, whether according to state
law or Coushatta custom, are declared valid for all purpose under this Code.
Marriages consummated following the effective date of this Title shall be valid
only if consummated or recognized as provided in this Title.
Section 3. Jurisdiction. The Coushatta Court shall have jurisdiction
over marriages and divorces made in accordance with Coushatta custom of the
members of the Coushatta Tribe of Louisiana or members of other Tribes residing
within the territorial jurisdiction of the Tribe.
Section 4. Marriage. A valid marriage may be entered into pursuant
to this Title by:
a. the consent of the parties; and
b. the performance of the marriage ceremony by a Coushatta Judge, or by another member of the Tribe appointed by the Judge before a witness selected by the parties.
Section 5. Record of Coushatta Marriages. The Clerk of the Court
shall maintain a register of all marriages entered into pursuant to Section
4 which shall include the names, of the parties and the witness, the date of
the ceremony, and a certification by the judge that he or she performed the
marriage ceremony or that it was performed under his or her authorization by
a named individual member of the Tribe.
Section 6. Recognition of Marriages Under State Law. A
marriage which is valid under the laws of the State of Louisiana shall be recognized
as valid for all purposes by the Coushatta Tribe.
Section 7. Annulment - Grounds. A marriage under Coushatta custom
may be annulled by the Coushatta Court for any of the following reasons upon
application of one of the parties:
a. that the marriage lacked the consent of the party making application, or of another person legally required to consent to such party's marriage, or that such consent was obtained by force or fraud;
b. that the party making application was of unsound mind at the time of the marriage or was so incapacitated by alcohol or another drug as to incapable of giving consent; and
c. that either party was at the dine of the marriage incapable of consummating the marriage and the incapacity is continuing. If, after the termination of any of the foregoing defects, the parties shall continue to live together as husband and wife, the marriage shall not subsequently be subject to annulment because of such defect.
Section 8. Effects of Annulment. The legitimacy of children
born prior to a judgment of annulment shall not be affected by the judgment.
The judgment shall be conclusive only as against the parties to the action and
those claiming under them.
Section 9. Grounds for Divorce. A marriage shall be dissolved
by divorce in the Coushatta Court upon a formal appearance by the parties, who
shall be accompanied by the person who witnessed the marriage ceremony or (if
the witness is unavailable) by authorized representatives of the husband's clan
and the wife's clan. In the event one party objects, a marriage may be dissolved
upon the application of the other party for the following reasons:
a. adultery, which shall consist of voluntary sexual intercourse by a named person with a human of the opposite sex other than the spouse thereof;
b. cruelty, which shall consist of willfully and maliciously causing the bodily injury or grievous mental suffering of the spouse; and
c. abandonment, which shall consist of the voluntary separation from the spouse with the intent to desert (other than with the consent of the spouse) or, in the case of a husband, the willful failure to furnish the wife with the usual necessities of life.
A marriage shall not be dissolved by the Coushatta Court upon the application of one party alone where the evidence indicates that the complaining spouse has consented to the acts complained of or, with knowledge of such acts, condoned them by a course of conduct indicating forgiveness of such acts, including restoration of full marital rights. A presumption of condonation may arise from lapse of time between the acts and the commencement of a divorce proceeding.
Section 10. Counseling. Prior to ruling on an application
for divorce, the Court shall counsel informally with the parties and consult
with appropriate clan representatives for the purpose of offering his services
to resolve their differences amicably without a divorce and shall advise them
of other counseling resources available in the community. If only one party
applies for the divorce, the proceedings shall be conducted in accordance with
the procedures applicable to civil actions in the Coushatta Court.
Section 11. Support. Upon application therefore or in the
disposition of a divorce proceeding, the Coushatta Court may order either spouse
to provide for the support of the other spouse and any children in such amount
and for such period as the Court may deem just depending on the financial circumstances
of the parties and other relevant considerations and make such other orders
with respect to the common property of the couple as are just and equitable
in the circumstances. The Court shall be guided by the Coushatta custom that
each homesite and campsite is the property of the wife living therein and shall
enforce such rights by Court order as may be necessary.
Section 12. Child Custody. The Coushatta Court shall award
the custody of a child in any proceeding in which a marriage is annulled or
dissolved by divorce or if the parents are both deceased (without leaving a
valid will providing for the guardianship of the child) in such manner as may
best serve the interests of the child. The Court shall in all such cases consult
with representatives of the clans involved and be guided in its decisions by
the established customs and practices of the Coushatta Tribe and the appropriate
clans. If the Court shall determine (after consultation with the clans) that
neither parent is able to care responsibly for the child, the Court shall award
custody to the nearest blood relative on either side which it finds to be able
to care responsibly for the child. Proceedings to award custody may be reopened
upon application of the parent, nearest blood relative, or either clan, or by
the Court when it appears that a person to whom custody has been awarded is
no longer able to care responsibly for the child.
Section 13. Adoption. The Coushatta Court shall have jurisdiction
to approve the legal adoption of the children of tribal members or of the members
of other tribes residing within the territory of the Tribe by responsible adult
members of the Tribe or of other Indian tribes. Applications for adoption shall
be made to the Court in person by the adult or adults seeking adoption, who
shall bring the child before the Court. An order approving adoption shall be
made by the Court only after consultation with the applicant, the child, appropriate
clan representatives and such additional investigation of the circumstances
as the Court may direct. The Clerk shall maintain a record of all adoptions
approved by the Court.