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MERRILL v. ALTMAN

No. 25950.

807 N.W.2d 821 (2011)

2011 S.D. 94

Celestine and Bahwashung MERRILL, Plaintiffs and Appellants, v. Adam ALTMAN, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 28, 2011.

Attorney(s) appearing for the Case

Adam G. Bridge , Sisseton-Wahpeton Oyate , Public Defender's Office, Agency Village, South Dakota, Attorneys for plaintiffs and appellants.

Adam Altman , Aberdeen, South Dakota, Pro se appellee.

Jodi L. Brown , Aberdeen, South Dakota, Attorney for defendant and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Maternal grandparents petitioned for permanent guardianship of a minor Indian child in Tribal Court. After receiving the guardianship, they sought to have it recognized in a South Dakota Circuit Court which had been exercising jurisdiction over the child and his deceased mother since 2007. The child's biological father challenged the jurisdiction of the Tribal Court. The Circuit Court concluded that the Tribal Court did not have...

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