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Precedent-Setting Win in Miccosukee Custody Case

Monday 11 Aug 2014

I’m happy to share the precedent-setting, final decision in an appeal case I worked on extensively where, for the first time, a Florida appeals court agreed to strip the authority of tribal court judges in a child custody case.  The case surrounded a dispute between Layla Billie, a mother who is a member of the Miccosukee Tribe of Indians and the father, Kevin Stier, who is not a member of the tribe.

Based on the facts, as well as the Uniform Child Custody, Jurisdiction, and Enforcement Act, it was concluded in April 2014 that the Circuit Court was correct in determining that it, and not the Tribal Court, has jurisdiction to decide the custody issues and therefore the petition was denied.  The mother, Layla Billie, and her legal team decided to motion for a rehearing, but on July 31, 2014, that petition was denied.

 

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