Kenaitze Indian Tribe

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Kenaitze Indian Tribe
P.O. Box 988
Kenai, AK 99611
Phone: (907) 283-3633
Fax: (907) 283-3052

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Domestic Relations Code

Chapter 5: Child Custody Involving Disputes Between Parents and/or Custodians

Section 1. Beginning a Child Custody Case

Section 2. Contents of Child Custody Petition

Section 3. Temporary Custody Hearing and Order

  1. Temporary Custody Hearing
  2. Temporary Custody Order
  3. Equal Access When not Harmful to Child
  4. Information Gathering

Section 4. Custody Hearing

  1. Custody Hearing Within 30 Days
  2. Purpose of the Custody Hearing
  3. Witnesses
  4. Advisors/Attorneys
  5. Deciding Custody and Visitation

Section 5. Custody Order

  1. Court Orders
  2. Child Support Orders
  3. Other Orders

Section 6. Change of Custody Order

Section 1. Beginning a Child Custody Case

If there is a dispute between parents and/or custodians over custody of a child, the matter may be brought in front of the Kenaitze Tribal Court. A child custody case shall be started by filing a Petition to use the Tribal Court.

Section 2. Contents of Child Custody Petition

The Petition shall provide the following information:

  1. The name, address and age of the child;
  2. The names and addresses of the child's parents and any custodians of the child;
  3. The names and addresses of any other person or tribe with a specific interest in the child;
  4. A statement of which tribe(s) the child is a member or with which tribe(s) the child is eligible for membership. This statement should include facts that indicate that the Kenaitze Tribe is the tribe with the most significant contacts with the child.
  5. The reason the Petitioner is requesting custody of the child; and
  6. The facts that make the Petitioner believe that the best interest of the child require that a custody Order be issued by the Court.

Section 3. Temporary Custody Hearing and Order

  1. Temporary Custody Hearing: After the Court determines that it has jurisdiction to hear and decide the case, the Court may hold a temporary custody hearing in cases where it will take considerable time to hold a full custody hearing. Before holding the temporary custody hearing, the Court shall issue a Notice to Appear in Tribal Court to the parent(s), custodian, or guardian of the child, no less than seven days before the hearing.
  2. Temporary Custody Order: At the temporary custody hearing, all parties shall have an opportunity to present evidence and question witnesses. After the hearing is completed, the Court may issue a temporary custody Order giving a particular person or persons temporary physical custody of the child until a full custody hearing is held.
  3. Equal Access When not Harmful to Child: Unless it is shown to be harmful to the child, the child shall have reasonable equal access to both parents and/or custodians during the duration of the temporary custody Order. The temporary custody Order may also set out a reasonable visitation schedule for a person or persons.
  4. Information Gathering: The Court may direct a designated person to investigate the facts contained in a Petition.

Section 4. Custody Hearing

  1. Custody Hearing Within 30 Days: After a temporary custody Order is issued by the Court, the Court shall set a custody hearing within 30 days of the temporary custody hearing, or as soon as is reasonable and agreeable to the Parties in the case.
  2. Purpose of the Custody Hearing: The purpose of the custody hearing is to make a decision about who should have custody of the child, and what visitation, if any, should be awarded for those persons who do not have custody.
  3. Witnesses: At the hearing, all parties shall have the opportunity to present evidence and question witnesses.
  4. Advisors/Attorneys: The parents or custodians of the child have the right to have an Elder or other traditional advisor with them at a custody hearing. (See Kenaitze Tribal Court Code, Chapter 2, Section 23). The parents or custodians of the child also have the right to bring attorneys or other counsel with them to the hearing. The hiring and payment of counsel shall be the sole responsibility of the parent. (Please refer to Kenaitze Tribal Court Code, Chapter 2, Section 24 for further laws regarding Attorneys and Other Counsel).
  5. Deciding Custody and Visitation: After the hearing is completed, the Court shall make a decision as to who shall have custody and what, if any, visitation should be awarded. In making this decision, the Court shall consider all factors defining the best interest of the child in Chapter 1, Section 4 of this Code. The best interest of the child shall be considered above all else.

Section 5. Custody Order

  1. Court Orders: After the custody hearing, the Court may Order that:
    1. A party or parties be given legal and physical custody of a child; or
    2. That a party not given physical custody be given specified visitation with the child; or
    3. That a party not be given custody of a child.
  2. Child Support Orders: The Court may also order a parent to pay child support to the child's custodian, and may take into account the parent's ability to contribute in cash, in goods or in kind, and also the child's needs.
  3. Other Orders: The Court may order one or both parent/custodian to complete various tasks as is necessary to protect the best interest of the child. Such orders may include, but are not limited to, alcohol and drug treatment, mental health evaluation/counseling, parenting classes, anger management and/or domestic violence intervention.

Section 6. Change of Custody Order

Any person may request that an award of custody of a child or visitation with a child be modified by filing a Petition to use the Tribal Court. It is up to the discretion of the Court to hold a hearing to consider the request in the Petition. If the Court decides to hold a hearing based on the Petition, reasonable notice shall be provided to all parties, and any new decisions of the Court shall be made through a new custody Order.

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