Ex parte C.L.J.

I respectfully disagree with the main opinion’s reliance on cases that have blurred the line between jurisdictional issues and substantive determinations. More specifically, I disagree with the rationale in the main opinion indicating that a child’s “best interests” is a factor to consider when determining whether to transfer jurisdiction to an American Indian tribal court. As noted by the court in Yavapai-Apache Tribe v. Mejia, 906 S.W.2d 152, 168-69 (Tex.Ct.App.1995):

“The ‘best interest of the child’ is the backbone of American family law when custody is an issue. However, we find that…