FORT PECK COURT OF APPEALS
ASSINIBOINE AND SIOUX TRIBES
FORT PECK INDIAN RESERVATION
POPLAR, MONTANA
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IN THE MATTER OF THE CUSTODY OF
C.D.W. A MINOR INDIAN CHILD,
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APPEAL No. 219 |
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ORDER
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Comes Now the Fort Peck Court of Appeals and issues the following:
- On June 16, 1994, Judge Spotted Bird issued an Order that Jane A. Herring shall be granted full legal custody of Chelsea Dionne Weston.
- The child lived with the petitioner since the time of birth.
- The child's best interest is served by remaining with the petitioner.
- The natural mother consented to custody being awarded to the petitioner.
- The natural father failed to establish a parent-child relationship with the child.
- The child is eligible for enrollment in the Fort Peck Tribes.
- 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.
- On September 21, 1994, Carol Sparvier not being a party in interest in the lower court matter filed an appeal pro-se.
- The lower court determined the best interest of the child.
IT IS NOWTHEREFORE the order of this Court that:
- 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:
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Gary M. Beaudry, Chief Justice
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Gary P. Sullivan, Associate Justice
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Gerard Schuster, Associate Justice
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