Document Type

Article

Publication Date

7-19-2005

Abstract

  • In the Blackfeet Tribal Court of Appeals, the Court was asked to establish Paternity of a child, to determine the child’s degree of Indian blood for enrollment, and Terminate Parental Rights of the father. The petitioner-mother also asked the Court to order the respondent-father to give $1,000 to JJRH for lost per capita payments and to have the father meet JJRH to ask questions. Petitioner also requests the respondent pay half the DNA testing fees, or if refused, that the Court order respondent pay full cost and attorney’s fees. The respondent-father claims to be unaware of his degree of Indian blood and does not object to the termination of his parental rights. Considering the uncertainty of the Respondent’s degree of Indian Blood, the Court finds the issue of $1,000 moot. Respondent agreed to meeting with JJRH. A lower court order provided Respondent pay half the cost of DNA testing and subsequently found Respondent to be the father of JJRH. The Respondent was unrepresented in the hearing determining paternity, but proceeded nonetheless. The respondent opposes the imposition of child support but was ordered nonetheless.

  • The Court determined that Respondent was not afforded Due Process by being unrepresented and subject to a hearing where no party or witness appeared under oath. The Court awarded child support after it was not asked for in the initial petition. The Court clarifies that the issue of child support need be properly brought before the court in a separate petition in order to comport with Due Process after a mutual review of both parties' financial statements.

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