--- Am. Tribal Law ----, 2024 WL 4119228 (Mem)
Only the Westlaw citation is currently available.
Fort Peck Court of Appeals.
 
In the MATTER OF: S.A. (DOB: XX/XX/XXXX) S.A. (DOB: XX/XX/XXXX) Minor Indian Children.
And Concerning: Joshua Albanese, Appellant.
v.
Lesley Gibbs-Ball, Appellee.
 
CAUSE NO. AP 878
|
FILED SEPTEMBER 06, 2024

 

Appeal from the Fort Peck Tribal Court, Imogene Lilley, Presiding Judge.

Before Justices Shanley, Jones, and Grijalva.

 

ORDER DENYING APPEAL

BACKGROUND

¶ 1 This matter comes before the Fort Peck Court of Appeals (FPCOA) on a Notice of Appeal filed on April 19, 2024. Appellant requests review of the Tribal Court’s Custody Order issued April 5, 2024. Appellant requested a Stay of the Tribal Court Order pending appeal, which was denied on May 17, 2024.

¶ 2 Appellant alleges the Court failed to accept into evidence criminal records from the Montana Thirteenth Judicial District Court showing that the Appellee was arrested for drug charges. Appellant further alleges that although the Court conducted an in-camera interview with the children, the Court failed to take into consideration their preferences regarding visitation.

¶ 3 In issuing its Order, the Tribal Court made various findings and conclusions and based its determination on the best interest of the child factors pursuant to 10 CCOJ 304-C. The Court found that the mother admitted in testimony to her history of drug use. The Court further indicated that it reviewed the judgment of charges for the birth mother. Lastly, the Court Order reflects that the Judge did speak with the children. This Court shall give deference to factual determinations of the Tribal Court if such determinations are supported by substantial evidence. 2 CCOJ 202. The conclusions of the Tribal Court are supported by sufficient factual findings to support its decision. Therefore, this Court provides deference to the Tribal Court absent a showing of abuse of discretion or misapplication of the law.

¶ 4 Although this Court does not find a legal basis to review this matter because the issues raised are fact-based and in the discretion of the Tribal Court, Appellant may move the Tribal Court for reconsideration of its Order or file a request to Modify the Order based on a substantial change in circumstances.

ORDER

¶ 5 Therefore, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this Court denies review; however, Appellant may file a Motion for Reconsideration with the Tribal Court or file a Petition to Modify the Visitation Order based on a substantial change in circumstances if subsequent events arise that demonstrate grounds for modification or reconsideration.

SO ORDERED the 29th day of August 2024.

All Citations
--- Am. Tribal Law ----, 2024 WL 4119228 (Mem)