|HOME|OPINIONS|


FORT PECK COURT OF APPEALS
ASSINIBOINE AND SIOUX TRIBES
FORT PECK INDIAN RESERVATION
POPLAR, MONTANA
*****************************

IN THE MATTER OF THE CUSTODY OF
C.D.W.  A MINOR INDIAN CHILD,

APPEAL No. 219

 *********************
ORDER
*********************

Comes Now the Fort Peck Court of Appeals and issues the following:

  1. On June 16, 1994, Judge Spotted Bird issued an Order that Jane A. Herring shall be granted full legal custody of Chelsea Dionne Weston.
  2. The child lived with the petitioner since the time of birth.
  3. The child's best interest is served by remaining with the petitioner.
  4. The natural mother consented to custody being awarded to the petitioner.
  5. The natural father failed to establish a parent-child relationship with the child.
  6. The child is eligible for enrollment in the Fort Peck Tribes.
  7. According to the Indian Child Welfare Act the Fort Peck Tribes by and through tribal court granted the petitioner full legal custody of the child.
  8. On September 21, 1994, Carol Sparvier not being a party in interest in the lower court matter filed an appeal pro-se.
  9. The lower court determined the best interest of the child.

IT IS NOWTHEREFORE the order of this Court that:

  1. It shall serve the best interest of the child, Chelsea Dionne Weston, that the appeal shall be denied as not being filed in a timely manner and that the lower court acted with the bestinterest of the child.

DATED this 15th day of February, 1996.

BY THE COURT OF APPEALS:

_____________________________
Gary M. Beaudry, Chief Justice

_____________________________
Gary P. Sullivan, Associate Justice

_____________________________
Gerard Schuster, Associate Justice

|TOP|HOME|OPINIONS|