9.06.070 Rules for Appointing

In awarding the custody of a child or in appointing a guardian, the Tribal Court is to be guided by the following considerations:

(a) By what appears to be for the best interest of the child in respect to its mental and moral welfare; and if the child be of sufficient age to form an intelligent preference, the Court may consider that preference in determining the guardian;

(b) Between the parents adversely claiming the custody of guardianship, neither parent is entitled to it as of right, but other things being equal, the Court shall decide the matter by giving the child to the parent who will best serve the interests of the child;

(c) When two (2) persons are equally entitled to the custody of a child in other respects, preference is to be given in the following order:

(1) To a parent;

(2) To one who was indicated by the wishes of the deceased parent;

(3) To one who already stands in the position of a trustee of a fund to be applied to the child's support;

(4) To a relative.