Document Type

Article

Publication Date

4-29-1992

Abstract

  • In the Blackfeet Tribal Court of Appeals, the Court affirmed a lower court determination to award custody of a minor child to the child’s natural parents, over the objection of the grandparents, who also sought custody. The Court noted that the interests of the minor child are paramount to the interests of all other interested parties. It is the responsibility of the trial court judge to evaluate testimony that is made available to him at the trial level to ascertain what is best for the minor child. The Court recognizes that the natural aprents are the nuclear family and thus has the responsibility of providing for th ehealth and well-being of their child. The Court also notes and recognized that grandparents hold a special relationship with the child, both as extended family members and as cultural members.

  • The court notes that minor children need to always be represented by a guardian ad litem to sufficiently provide information to the trial judge. Historical observations regarding the social, health, economic, and legal status of the family unit needs to be current and duly assessed. Allegations of the legal status of the family, which are not available, do not warrant permanent removal of a minor child.

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