Legal Opinion
Application of Defender
South Dakota Supreme Court
Decided January 18, 1989No. 15945PublishedCited by 23 opinions
1Opinion of the Court
MILLER, Justice.
In this child custody appeal we hold that (1) the circuit court properly refused to grant comity to a certain tribal court order, (2) the Indian Child Welfare Act does not apply to custody disputes between a child’s natural parents, and (3) there was no abuse of discretion in awarding custody of the child to its mother.
FACTS
The parties to this litigation are Indian. Appellant Loren Zephier (Father) is an enrolled member of the Cheyenne River Sioux Tribe. Appellee Carole DeFender (Mother) is enrolled in the Standing Rock Sioux Tribe. Their daughter, Danielle, is enrolled with…
2Cases cited13 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Hanson v. DencklaSupreme Court of the United States · 1958
- Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
- Kulko v. Superior Court of Cal., City and County of San FranciscoSupreme Court of the United States · 1978
- Hilton v. GuyotSupreme Court of the United States · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- John v. BakerAlaska Supreme Court · 1999
- Red Fox v. HettichSouth Dakota Supreme Court · 1993
- Harris v. YoungSouth Dakota Supreme Court · 1991
- People ex rel. M.H.South Dakota Supreme Court · 2005
- In Re the Matter of J.D.M.C.South Dakota Supreme Court · 2007
18 more not listed; retrieve them via the Exa API.