GARCIA v. GUTIERREZ

No. 31,263.

217 P.3d 591 (2009)

2009-NMSC-044

Angelina GARCIA, formerly known as Angelina Gutierrez, Petitioner-Petitioner, v. Matthew GUTIERREZ, Respondent-Respondent.

Supreme Court of New Mexico.

August 26, 2009.


Attorney(s) appearing for the Case

Atkinson & Kelsey, P.A., Thomas C. Montoya, Albuquerque, NM, for Petitioner.

Michael Schwarz, Santa Fe, NM, for Respondent.


OPINION

BOSSON, Justice.

{1} There are occasions, and this is one, when this Court can give no definitive answer to the increasingly complex jurisdictional disputes between state and tribal courts. Given its plenary authority over Indian matters, Congress could provide such answers, but it has not. We do our best to fill the void.

{2} In this case — a divorce and custody dispute between an Indian father and a non...

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