1.27.190 Jurisdiction; Commencement of Proceedings

(a) The Bad River Tribal Court is vested with jurisdiction to child custody matters by initial determination or by modification of the decree, if:

(1) The Bad River Reservation or Ashland County is the domicile of the child at the time of commencement of the proceeding, or had been the child's domicile within six months before commencement of the proceeding and the child is absent from Ashland County because of his/her removal or retention by a person claiming his/her custody or for any other reason, and a parent or person acting as parent continues to live in this/her Community; or

(2) It is in the best interest of the child that this Court assume jurisdiction because the child and his/her parents, or the child and at least one contestant, have a significant connection with this Community, and there is available in his/her Community substantial evidence concerning the child's present or future care, protection, training and personal relationships; or

(3) The child is physically present on the Bad River Reservation or Ashland County and has been abandoned or it is necessary in an emergency to protect him because he has been subjected to or threatened with mistreatment or abuse or is neglected or dependent; or

(4) No other Court outside this Reservation has jurisdiction under prerequisites substantially in accordance with Paragraph 1, 2, or 3, or another jurisdiction has declined to exercise its jurisdiction on the ground that this Court is the more appropriate forum to determine custody of the child, and it is in his/her best interest that this/her Court assume jurisdiction

(b) Except under Paragraphs 3 and 4 of Subsection (a)this section, physical presence on this Reservation of the child or of the child and one of the contestants, is not alone sufficient to confer jurisdiction on a Court of the Community to make a child custody determination.

(c) Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine his/her custody.

(d) A child custody proceeding is commenced in the Tribal Court:

(1) By a parent, by filing a Petition:

(A) For the dissolution or legal separation; or

(B) For custody of the child; or

(2) By a person other than a parent, by filing a Petition for custody of the child, but only if he/she is not in the physical custody of one of his/her parents.

(A) For the dissolution or legal separation; or

(B) For custody of the child; or

(e) Notice of a child custody proceeding shall be given to the child's parent, guardian, and custodian, who may appear, be heard, and file a responsive pleading. The Court, upon a showing of good cause, may permit intervention of other interested parties.