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APPLICATION OF DEFENDER

No. 15945.

435 N.W.2d 717 (1989)

In the Matter of the Application of Carole DEFENDER for a Writ of Habeas Corpus, Petitioner and Appellee. Loren Zephier, Respondent and Appellant.

Supreme Court of South Dakota.

Decided January 18, 1989.

Attorney(s) appearing for the Case

Billy Joe Jones, Dakota Plains Legal Services, Fort Yates, N.D., for petitioner and appellee.

Charles B. Kornmann of Richardson, Groseclose, Kornmann, and Wyly, Aberdeen, for respondent and appellant.

MILLER, Justice.

In this child custody appeal we hold that (1) the circuit court properly refused to grant comity to a certain tribal court order, (2) the Indian Child Welfare Act does not apply to custody disputes between a child's natural parents, and (3) there was no abuse of discretion in awarding custody of the child to its mother.

FACTS

The parties to this litigation are Indian. Appellant Loren Zephier (Father) is an enrolled member of the...

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