Document Type

Article

Publication Date

4-29-1992

Abstract

  • In the Blackfeet tribal Court of Appeals, the Court considered whether the best interests of a child surpass the interests of other interested parties.

  • The Court affirmed a lower court decision awarding custody of DFS to the child's natural parents over the child’s grandparents. In the view of the Court, the interests of the minor child are paramount to the interests of all other interested parties. The Court will not disturb the findings of a lower court to the best interests of the child absent evidence that the lower court failed to adequately consider contrary evidence. It is the duty of the judge to sort through testimony at the trial level and ascertain what is the best interest for a minor child

  • The Court was careful to note that the grandparents possessed equally positive environments for raising the child but that equation must be balanced in the favor of the natural parents. That determination does not diminish the special relationship the grandparents have with the minor child as both cultural ends extended family members.

  • Due process arguments are without specific merit because it is the trial judge that has the primary responsibility in establishing the best interest of the child based on the current available information and testimony. Minor children need to be represented by a guardian ad litem to assist the judge in providing sufficient information to render a decision. Historical observations regarding the social, health, economic, and legal status of the family needs current rationalization and assessment.

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