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Does State Court or Indian Tribal Court Have Jurisdiction over Divorce of Couple Living on Reservation?

By Janet Langjahr

American Indian father and non-Indian mother living on an Indian reservation seek a divorce. Wife files first in the non-Indian state court of South Dakota. The next day, the Husband files in the American Indian tribal court. Which court has jurisdiction, the Indian tribal court or the South Dakota state court? To make things interesting, the American Indian tribal court may well have jurisdiction over some or all aspects of custody of the children, who are part American Indian. Well, the S read more

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on June 21, 2008 (boomark / email).