9.09.010 Jurisdiction; Commencement of Proceeding

(a) The Tribal Court is competent to decide child custody if:

(1) This reservation (i) is the home reservation of the child at the time of commencement of the proceeding, or (ii) had been the child's home reservation within six (6) months before commencement of the proceeding and the child is absent from this reservation because of his removal or retention by a person claiming his custody or for other reason, and a parent or person acting as parent continues to live on this reservation; or

(2) It is in the best interest of the child that a court of the Turtle Mountain Jurisdiction assume jurisdiction because (i) the child and his parents, or the child and at least one (1) contestant, have a significant connection with this jurisdiction, and (ii) there is available in this jurisdiction substantial evidence concerning the child's present or future care, protection, training, and personal relationships; or

(3) The child is physically present in this jurisdiction and (i) has been abandoned or (ii) 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

(A) No other jurisdiction has jurisdiction under prerequisites substantially in accordance with paragraphs (1), (2) or (3), or another jurisdiction has declined to exercise jurisdiction on the ground that this jurisdiction is the more appropriate forum to determine custody of the child, and

(B) It is in his best interest that the Court assume jurisdiction.

(b) Except under paragraphs (3) and (4) of Subsection (a), physical presence on this jurisdiction of the child, or of the child and one (1) of the contestants, is not alone sufficient to confer jurisdiction on a court of this jurisdiction to make a child custody determination.

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

(d) A child custody proceeding is commenced in Turtle Mountain Tribal Court;

(1) By a parent, by filing a petition

(A) For dissolution or legal separation; or

(B) For custody of the child in the jurisdiction in which he is permanently resident or found; or

(2) By a person other than a parent, by filing a petition for custody of the child in the jurisdiction in which he is permanently resident or found, but only if he is not in the physical custody one (1) of his parents.

(e) Notice of a child custody proceedings 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.