Recent UCCJEA Cases Involving Tribal Courts

There has been a small spate of Uniform Child Custody Jurisdiction Enforcement Act cases this year involving family law cases and tribal courts. In most states, tribes are considered “states” for the purposes of determining a child’s “home state” jurisdiction. These are generally (but not always) non-ICWA cases like parental custody and child support. These kind of cases seem rare to practitioners, but nationally there’s a fair number of them (and will continue to be the kind of reasoning tribal and state judges will need to engage in to as more and more cases arise in this subject area).

McGrathBressette (Michigan, child custody v. child protection)

MontanaLDC (Montana, child custody)

NevadaBlount (Nevada, third party custody)

 

(And yes, I have a pile of ICWA cases to share with you that have built up in the last month or so.)