11.02.310 Child Custody

(a) In all actions involving dispute over custody, the Tribal Court shall declare the child's inherent rights and establish the rights and duties as to custody based upon the best interests of the child in accordance with this chapter. The Court may entertain a petition for custody from a parent or non-parent if he/she can satisfy the Court of a significant connection to the child(ren) either through family, clan, cultural connection or some other significant connection to the child(ren). When a non-parent files for custody, then the legally recognized parent(s) must be named as a Respondent(s) along with anyone who may have physical placement/custody of the child. The Court may only entertain emergency ex parte petitions when a parent is incapacitated or when a child's life is at imminent risk of health or injury. After an emergency ex parte temporary custody order is entered, it shall be served along with a summons or order to show cause to be served at the Court's direction to be made returnable within five (5) days for a hearing along with a custody petition as outlined in Section 11.02.320.

(b) The Tribal Court shall enter the orders and judgments it considers just and proper concerning care and custody of the children, including orders and judgments awarding joint legal custody or sole legal custody, and joint physical custody or sole physical custody, until each child has attained the age of eighteen (18) years.

(c) When Custody of any child is contested, the Tribal Court may interview the child privately to determine if the child is of sufficient age to express a preference regarding custody and, if so, the reasonable preference of the child, provided that the Tribal Court shall focus the interview on such determination, and the information received shall be applied only to the custody determination. A record shall be made of such interview and sealed pending any review by the Tribe's Court of Appeals.

(d) Each party has a continuing duty to inform the Tribal Court of any other proceeding that could affect any award of custody of any child under this chapter.