In Re Marriage of Skillen
Montana Supreme Court
1Concurring in part, dissenting in partJustice Nelson
specially concurring in part and dissenting in part.
¶75 I concur with the majority that a district court, prior to assuming jurisdiction over a child custody proceeding when such jurisdiction is shared concurrently with a tribal court, must conduct an inquiry based on the factors enumerated in the majority opinion to determine whether the court should accept or decline to exercise that jurisdiction. Furthermore, I agree that in the case at bar the District Court record is unclear as to the residency of both Stacey and *430Kinsey. In this regard, due to the importance, complexity and sensitivityof…
2Cases cited26 opinions
- Montana v. United StatesSupreme Court of the United States · 1981
- Mescalero Apache Tribe v. JonesSupreme Court of the United States · 1973
- Oliphant v. Suquamish Indian TribeSupreme Court of the United States · 1978
- DeCoteau v. District County Court for the Tenth Judicial DistrictSupreme Court of the United States · 1975
- Fisher v. District Court of the Sixteenth Judicial District of MontanaSupreme Court of the United States · 1976
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