Mitchell v. Preston

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In this dispute over custody of a child, the Supreme Court affirmed the decision of the district court granting Mother's motion to strike Father's motion for an order relinquishing permanent child custody jurisdiction to the tribal court, holding that the district court properly concluded that it retained exclusive continuing jurisdiction to make permanent custody determinations regarding the child. The district court granted Mother primary custody of the parties' child. Father, a member of the Cheyenne River Sioux Tribe, kept the child on the South Dakota reservation and refused to relinquish custody to Mother. Father sought orders from the district court and the trial court transferring jurisdiction over the custody matter to the tribal court. The tribal court dismissed the petition for lack of jurisdiction because the custody action was pending in the district court and Mother was not a tribal matter. In the district court, Father argued that the tribal court acquired jurisdiction over the custody matter by issuing emergency child custody and/or protection orders. The district court granted Mother's motion to strike Father's motion. The Supreme Court affirmed, holding that the district court properly concluded that it retained exclusive continuing jurisdiction to make permanent custody determinations regarding the child. View "Mitchell v. Preston" on Justia Law