Document Type

Article

Publication Date

7-1-1992

Abstract

  • 92)

  • In the Blackfeet Tribal Court of Appeals concerning the determination of the best interests of children when deciding custody, the Appellate court remanded the case back to trial court because the children were not afforded the opportunity to have their best interests represented in court so the decision to determine their custody could be made. Child custody cases are not civil matters where failure to appear by one party results in default judgement. Failure of counsel to appear for one parent cannot undermine the rights of the children. If counsel could not appear, the court should have designated an independent representative for the children prior to the hearing so the rights and best interests of the children could be made to the court regardless of which parties failed to appear.

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