California Court of Appeal

In a case in which the Indian Child Welfare Act applied in child custody proceedings, an order awarding custody is reversed and remanded where: 1) although the family court did not err in applying the Family Code's custody provisions; nevertheless 2) the court erroneously concluded that the ICWA was unconstitutional before applying its substantive provisions.

Appellate Information

• Decided 04/10/2008
• Published 04/10/2008

Judges

• MARGULIES, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Deborah Dentler, under appointment by the Court of Appeal, Glendale, for Plaintiff and Appellant.


• For Appellees:
  
• Amy Z. Tobin, under appointment by the Court of Appeal, for Intervenor and Respondent Nicole Q., Caroline J. Todd, under appointment by the Court of Appeal, Berkeley, for Respondent Cecelia K.