Document Type

Article

Publication Date

3-29-1990

Abstract

In the Blackfeet Tribal Court of Appeals, the Court determined whether a trial court judge could grant custody to a party that had not petitioned for custody and whether both parties were afforded due process by not being allowed to challenge the home study evaluations. The Court accepted these arguments as valid, finding that neither parent was afforded due process when they were not able to produce evidence for themselves or to challenge the home study evaluation. Custody was awarded to a third party despite no home study evaluation being made on that party. The case is remanded to the lower court for a new hearing and a neutral judge.

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